Hobet Mining, Inc. v. Terry

219 F. App'x 310
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 8, 2007
Docket06-1218
StatusUnpublished

This text of 219 F. App'x 310 (Hobet Mining, Inc. v. Terry) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hobet Mining, Inc. v. Terry, 219 F. App'x 310 (4th Cir. 2007).

Opinion

PER CURIAM:

This is a case for compensation under the Black Lung Benefits Act (hereinafter “the Act”), 30 U.S.C. § 901 et. seq. The claim was filed by the now deceased miner. The claim was granted by the Administrative Law Judge (“ALJ”), and the decision was affirmed by the Department of Labor Benefits Review Board (hereinafter “the Board.”). This petition for review followed. We have jurisdiction pursuant to 33 U.S.C. § 921(c) and 30 U.S.C. § 932(a).

I.

The parties agree that the decedent, Harold L. Terry, was employed in various above-ground mining jobs for 26 years, and was in the employ of the respondent, Hobet Mining, Inc. Hobet does not dispute that it is the responsible operator for this claim. Furthermore, the parties agree that Terry did not suffer from clinical pneumoconiosis. The parties, however, disagree as to whether the decedent had legal pneumoconiosis within the meaning of the Act, so as to entitle him to benefits under the Act.

A.

A brief description of the procedural history is warranted. A full description is given in the Board’s decision, and we see no need to repeat it here.

Terry originally filed his claim on July 1, 1980. The claim was denied because the ALJ found that Terry failed to demonstrate total disability by a respiratory or pulmonary impairment. The ALJ’s ruling was affirmed by the Board.

On October 18, 1993, Terry filed a second claim under the Act. This claim was denied because the ALJ found that Terry failed to establish a “material change in conditions as required by 20 C.F.R. § 725.309(d).” Within a year of the denial, Terry timely filed a request for modification pursuant to 20 C.F.R. § 725.310. The case was assigned to the present ALJ after the District Director of the Office of Worker’s Compensation denied the modification request.

The claim has been adjudicated by the ALJ and appealed to the Board on four separate occasions. During each of the first three rounds, the ALJ awarded benefits and the Board vacated the findings, sending the matter back for reconsideration or clarification.

Finally, on January 25, 2005, the ALJ issued the present decision and order on remand. In that order he found existence of legal pneumoconiosis, and the presence of total disability. The ALJ once again awarded Terry benefits. Hobet once again appealed to the Board. This time, the Board affirmed the ALJ in all respects. This petition for review followed.

B.

The ALJ considered submissions a number of submissions by various physicians some of whom testified on behalf of Terry, and some of whom testified on behalf of Hobet. The following physicians testified for Mr. Terry: Drs. Rasmussen, Doyle, Cohen, Koenig and Figueroa. Drs. Zaldi-var, Fino, Hippensteel, Daniel, Kress and Morgan testified for Hobet.

The ALJ evaluated each doctor’s testimony separately and made findings of credibility with respect to each. Based on the testimony, the ALJ ruled that the Terry carried his burden to establish legal pneumoconiosis. In his analysis, the ALJ credited the opinions of physicians testify *312 ing on behalf of Terry over those testifying on behalf of Hobet. For the same reasons the ALJ credited the opinions of the physicians testifying on Terry’s behalf and gave greater weight to them over opinions of those testifying on Hobet’s behalf. He concluded that Terry was totally disabled.

Hobet challenges the findings made by the ALJ as irrational, not supported by substantial evidence, and contrary to law.

II.

We review the factual findings of the ALJ for substantial evidence. Thorn v. Itmann Coal Co., 3 F.3d 713, 718 (4th Cir.1993). “[W]e undertake an independent review of the record, as in the place of the BRB, to determine whether the ALJ’s factual findings were based upon substantial evidence in the record.” Dehue Coal Co. v. Ballard, 65 F.3d 1189, 1193 (4th Cir.1995). “Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938). We review legal conclusions de novo. Ballard, supra at 1193.

III.

Prior to proceeding further, it is useful to define legal pneumoconiosis and describe how it differs from clinical pneumo-coniosis. Both terms are well defined by the regulations adopted pursuant to the Act and appearing at 20 C.F.R. § 718.201.

(a) For the purpose of the Act, “pneumoconiosis” means a chronic dust disease of the lung and its se-quelae, including respiratory and pulmonary impairments, arising out of coal mine employment. This definition includes both medical, or “clinical”, pneumoconiosis and statutory, or “legal”, pneumoconiosis.
(1) Clinical Pneumoconiosis. “Clinical pneumoconiosis” consists of those diseases recognized by the medical community as pneumoconiosis, i.e., the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fibrotic reaction of the lung tissue to that deposition caused by dust exposure in coal mine employment. This definition includes, but is not limited to, coal workers’ pneumoconiosis, an-thracosilicosis, anthracosis, anthrosilico-sis, massive pulmonary fibrosis, silicosis or silicotuberculosis, arising out of coal mine employment.
(2) Legal Pneumoconiosis. “Legal pneumoconiosis” includes any chronic lung disease or impairment and its se-quelae arising out of coal mine employment. This definition includes, but is not limited to, any chronic restrictive or obstructive pulmonary disease arising out of coal mine employment.
(b) For purposes of this section, a disease “arising out of coal mine employment” includes any chronic pulmonary disease or respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment, (emphasis added)

20 C.F.R. §§ 718.201(a)-(b).

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Bluebook (online)
219 F. App'x 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobet-mining-inc-v-terry-ca4-2007.