NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0336n.06
Case No. 17-3994
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 10, 2018 DEBORAH S. HUNT, Clerk ISLAND CREEK COAL COMPANY, ) ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE BENEFITS REVIEW ) BOARD, UNITED STATES LINDA HUNT, survivor of Cecal Hunt; ) DEPARTMENT OF LABOR DIRECTOR, OFFICE OF WORKERS’ ) COMPENSATION PROGRAMS; U.S. ) DEPARTMENT OF LABOR, ) ) Respondents. ) )
BEFORE: COLE, Chief Judge; SUTTON and LARSEN, Circuit Judges.
SUTTON, Circuit Judge. Cecal Hunt worked for Island Creek Coal Company for over
23 years, mostly operating equipment in coal mines. He passed away in 2010 from a lung disease.
His widow Linda Hunt filed for survivor’s benefits under the Black Lung Benefits Act. The Act
presumes that those who die of a lung disease after working for more than fifteen years in an
underground coal mine are killed by pneumoconiosis, known more commonly as black lung
disease. Invoking this rebuttable presumption, the Benefits Review Board granted Linda Hunt
benefits. Substantial evidence supports the agency’s decision, and accordingly we affirm.
Cecal Hunt worked for Island Creek in Kentucky from 1967 to 1991. Hunt spent most of
this time as an underground equipment operator, but he spent the final six years above ground as Case No. 17-3994 Island Creek Coal Co. v. Hunt a heavy equipment operator at the coal preparation plant. Hunt developed a lung disease and died
on March 10, 2010.
His widow Linda Hunt filed an application for survivor’s benefits under the Black Lung
Benefits Act on October 6, 2010. An administrative law judge found that lung cancer and
pneumoconiosis caused Cecal’s death and awarded benefits to Linda. The Benefits Review Board
of the Department of Labor affirmed the decision. Island Creek appealed. 33 U.S.C. § 921(c).
The Black Lung Benefits Act provides benefits to coal miners (and their survivors) who
are totally disabled due to pneumoconiosis, a “chronic dust disease of the lung and its sequelae,
including respiratory and pulmonary impairments, arising out of coal mine employment.”
30 U.S.C. §§ 902(b), 922. To qualify for survivor’s benefits, a claimant must prove by a
preponderance of the evidence that (1) the miner had pneumoconiosis, (2) his pneumoconiosis
arose at least in part out of his coal mine employment, and (3) his death was due to
pneumoconiosis. Conley v. Nat’l Mines Corp., 595 F.3d 297, 302 (6th Cir. 2010); 20 C.F.R.
§ 718.205; see also 20 C.F.R. §§ 718.202–04. The only dispute in this case is whether
pneumoconiosis was a cause of Hunt’s death.
To help resolve these applications fairly and efficiently, the Act establishes several
rebuttable presumptions. Pertinent here, the Act says that, “if a miner was employed for fifteen
years or more in one or more underground coal mines” before his death and the “evidence
demonstrates the existence of a totally disabling respiratory or pulmonary impairment,” we must
presume that “his death was due to pneumoconiosis.” 30 U.S.C. § 921(c)(4). To rebut this
presumption, Island Creek must establish “that no part of the miner’s death was caused by
pneumoconiosis.” 20 C.F.R. § 718.305(d)(2)(ii); see 30 U.S.C. § 921(c)(4). No one here
challenges the validity of this regulation.
2 Case No. 17-3994 Island Creek Coal Co. v. Hunt The administrative law judge found that the statutory presumption applied to Hunt’s
application and that Island Creek failed to rebut the presumption. Because the Board adopted the
ALJ’s factual findings, we apply substantial-evidence review to that decision. Greene v. King
James Coal Mining, Inc., 575 F.3d 628, 633 (6th Cir. 2009). In doing so, we do not start from
square one. We ask only whether the ALJ’s findings are supported by “such relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales,
402 U.S. 389, 401 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)).
The record adequately supports the ALJ’s decision. Hunt worked in an underground coal
mine for at least seventeen years and died of lung disease, triggering the statutory presumption.
Island Creek argues that Hunt’s pneumoconiosis was not a cause of his death. But it
responds only by pointing to conflicting medical testimony.
This argument has two defects. For one, Island Creek does not get the benefit of a blank
slate. It must displace the Act’s statutory presumption and prove by a preponderance of the
evidence “that no part of the miner’s death was caused by pneumoconiosis.” 20 C.F.R.
§ 718.305(d)(2)(ii); see 30 U.S.C. § 921(c)(4). It does not suffice to point to medical reports
looking in the other direction. In this setting, Congress decided, ties and close calls go to the
applicant.
For another, the ALJ gave well-reasoned explanations for discrediting the conflicting
reports. Two reports (from Drs. Oesterling and Bush) establish that lung cancer was the primary
cause of Hunt’s death, but they do not explain how that is inconsistent with pneumoconiosis also
contributing to his death. “[N]either pathologist,” the ALJ explained, “outlined a specific
physiological process which would be caused by small cell carcinoma but exclusive of contribution
from the clinical and legal pneumoconiosis identified.” J.A. at 258–59.
3 Case No. 17-3994 Island Creek Coal Co. v. Hunt Two other reports (from Drs. Castle and Jarboe) focused only on clinical pneumoconiosis,
or “those diseases recognized by the medical community as pneumoconioses, 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.” 20 C.F.R. § 718.201(a)(1). But the Act’s definition of pneumoconiosis sweeps
more broadly, covering any “chronic dust disease of the lung and its sequelae, including respiratory
and pulmonary impairments, arising out of coal mine employment.” 30 U.S.C. § 902(b). The ALJ
justifiably discredited reports that failed to address the relevant medical and legal point.
One last point. At one place in his 34-page opinion, the ALJ says, “Stated differently, by
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0336n.06
Case No. 17-3994
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 10, 2018 DEBORAH S. HUNT, Clerk ISLAND CREEK COAL COMPANY, ) ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE BENEFITS REVIEW ) BOARD, UNITED STATES LINDA HUNT, survivor of Cecal Hunt; ) DEPARTMENT OF LABOR DIRECTOR, OFFICE OF WORKERS’ ) COMPENSATION PROGRAMS; U.S. ) DEPARTMENT OF LABOR, ) ) Respondents. ) )
BEFORE: COLE, Chief Judge; SUTTON and LARSEN, Circuit Judges.
SUTTON, Circuit Judge. Cecal Hunt worked for Island Creek Coal Company for over
23 years, mostly operating equipment in coal mines. He passed away in 2010 from a lung disease.
His widow Linda Hunt filed for survivor’s benefits under the Black Lung Benefits Act. The Act
presumes that those who die of a lung disease after working for more than fifteen years in an
underground coal mine are killed by pneumoconiosis, known more commonly as black lung
disease. Invoking this rebuttable presumption, the Benefits Review Board granted Linda Hunt
benefits. Substantial evidence supports the agency’s decision, and accordingly we affirm.
Cecal Hunt worked for Island Creek in Kentucky from 1967 to 1991. Hunt spent most of
this time as an underground equipment operator, but he spent the final six years above ground as Case No. 17-3994 Island Creek Coal Co. v. Hunt a heavy equipment operator at the coal preparation plant. Hunt developed a lung disease and died
on March 10, 2010.
His widow Linda Hunt filed an application for survivor’s benefits under the Black Lung
Benefits Act on October 6, 2010. An administrative law judge found that lung cancer and
pneumoconiosis caused Cecal’s death and awarded benefits to Linda. The Benefits Review Board
of the Department of Labor affirmed the decision. Island Creek appealed. 33 U.S.C. § 921(c).
The Black Lung Benefits Act provides benefits to coal miners (and their survivors) who
are totally disabled due to pneumoconiosis, a “chronic dust disease of the lung and its sequelae,
including respiratory and pulmonary impairments, arising out of coal mine employment.”
30 U.S.C. §§ 902(b), 922. To qualify for survivor’s benefits, a claimant must prove by a
preponderance of the evidence that (1) the miner had pneumoconiosis, (2) his pneumoconiosis
arose at least in part out of his coal mine employment, and (3) his death was due to
pneumoconiosis. Conley v. Nat’l Mines Corp., 595 F.3d 297, 302 (6th Cir. 2010); 20 C.F.R.
§ 718.205; see also 20 C.F.R. §§ 718.202–04. The only dispute in this case is whether
pneumoconiosis was a cause of Hunt’s death.
To help resolve these applications fairly and efficiently, the Act establishes several
rebuttable presumptions. Pertinent here, the Act says that, “if a miner was employed for fifteen
years or more in one or more underground coal mines” before his death and the “evidence
demonstrates the existence of a totally disabling respiratory or pulmonary impairment,” we must
presume that “his death was due to pneumoconiosis.” 30 U.S.C. § 921(c)(4). To rebut this
presumption, Island Creek must establish “that no part of the miner’s death was caused by
pneumoconiosis.” 20 C.F.R. § 718.305(d)(2)(ii); see 30 U.S.C. § 921(c)(4). No one here
challenges the validity of this regulation.
2 Case No. 17-3994 Island Creek Coal Co. v. Hunt The administrative law judge found that the statutory presumption applied to Hunt’s
application and that Island Creek failed to rebut the presumption. Because the Board adopted the
ALJ’s factual findings, we apply substantial-evidence review to that decision. Greene v. King
James Coal Mining, Inc., 575 F.3d 628, 633 (6th Cir. 2009). In doing so, we do not start from
square one. We ask only whether the ALJ’s findings are supported by “such relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales,
402 U.S. 389, 401 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)).
The record adequately supports the ALJ’s decision. Hunt worked in an underground coal
mine for at least seventeen years and died of lung disease, triggering the statutory presumption.
Island Creek argues that Hunt’s pneumoconiosis was not a cause of his death. But it
responds only by pointing to conflicting medical testimony.
This argument has two defects. For one, Island Creek does not get the benefit of a blank
slate. It must displace the Act’s statutory presumption and prove by a preponderance of the
evidence “that no part of the miner’s death was caused by pneumoconiosis.” 20 C.F.R.
§ 718.305(d)(2)(ii); see 30 U.S.C. § 921(c)(4). It does not suffice to point to medical reports
looking in the other direction. In this setting, Congress decided, ties and close calls go to the
applicant.
For another, the ALJ gave well-reasoned explanations for discrediting the conflicting
reports. Two reports (from Drs. Oesterling and Bush) establish that lung cancer was the primary
cause of Hunt’s death, but they do not explain how that is inconsistent with pneumoconiosis also
contributing to his death. “[N]either pathologist,” the ALJ explained, “outlined a specific
physiological process which would be caused by small cell carcinoma but exclusive of contribution
from the clinical and legal pneumoconiosis identified.” J.A. at 258–59.
3 Case No. 17-3994 Island Creek Coal Co. v. Hunt Two other reports (from Drs. Castle and Jarboe) focused only on clinical pneumoconiosis,
or “those diseases recognized by the medical community as pneumoconioses, 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.” 20 C.F.R. § 718.201(a)(1). But the Act’s definition of pneumoconiosis sweeps
more broadly, covering any “chronic dust disease of the lung and its sequelae, including respiratory
and pulmonary impairments, arising out of coal mine employment.” 30 U.S.C. § 902(b). The ALJ
justifiably discredited reports that failed to address the relevant medical and legal point.
One last point. At one place in his 34-page opinion, the ALJ says, “Stated differently, by
operation of the fifteen year presumption, the Miner’s legal pneumoconiosis also presumably
contributed to his death. Accordingly, the Employer cannot rebut that presumption because the
medical-opinion evidence of record does not address that point, except to say that the Miner did
not suffer from legal pneumoconiosis.” J.A. at 259. Read by itself, this statement suggests the
ALJ was engaged in bootstrapping, concluding that the statutory presumption itself proves that
pneumoconiosis caused Hunt’s death. That, of course, is wrong. The statutory presumption is
rebuttable and the company is free to put forward evidence demonstrating that pneumoconiosis
played no causal role in Hunt’s death. Island Creek tried to do so here but its evidence ultimately
failed to rule out that possibility. That satisfies the governing regulation, which (to repeat) requires
Island Creek to demonstrate “that no part of the miner’s death was caused by pneumoconiosis.”
20 C.F.R. § 718.305(d)(2)(ii).
In the end, weight given to medical opinions, generally speaking, turns on credibility
evaluations left to the ALJ’s expertise and role as fact-finder, so long as he acts reasonably. Big
Branch Res., Inc. v. Ogle, 737 F.3d 1063, 1072 (6th Cir. 2013). Because the ALJ did just that
4 Case No. 17-3994 Island Creek Coal Co. v. Hunt here, Island Creek has failed to rebut the statutory presumption of pneumoconiosis, and Linda
Hunt is entitled to benefits.
We affirm.