Island Creek Ky. Mining v. OWCP

Court of Appeals for the Sixth Circuit·Decided February 4, 2026·No. 25-3200·Unpublished

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0073n.06

No. 25-3200

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Feb 04, 2026

KELLY L. STEPHENS, Clerk

)

ISLAND CREEK KENTUCKY MINING, )

Petitioner, ) ON PETITION FOR REVIEW OF ) AN ORDER OF THE BENEFITS v. ) REVIEW BOARD )

DIRECTOR, OFFICE OF WORKERS’ ) COMPENSATION PROGRAMS, U.S. OPINION )

DEPARTMENT OF LABOR; EDDIE L. ) STEWART, )

Respondents. )

)

Before: CLAY, KETHLEDGE, and BUSH, Circuit Judges.

CLAY, Circuit Judge. Respondent Eddie Stewart filed a claim for benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. § 901 et seq., against Petitioner Island Creek Kentucky Mining. An administrative law judge (ALJ) awarded benefits to him and the Benefits Review Board affirmed. Petitioner now petitions this Court for review of the Board’s affirmance of the ALJ’s award of benefits. For the reasons set forth below, we DENY the petition for review.

I. BACKGROUND

A. Statutory Background

Congress passed the BLBA to “provide[] benefits ‘for or on behalf of [coal] miners who are totally disabled due to pneumoconiosis.” Island Creek Coal Co. v. Maynard ex rel. Maynard, 87 F.4th 802, 807 (6th Cir. 2023) (quoting 20 C.F.R. § 718.204(a)). Pneumoconiosis is defined by statute as “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). “The BLBA provides benefits based on two forms of pneumoconiosis: (1) clinical pneumoconiosis, and (2) legal pneumoconiosis.” Island Creek Coal Co., 87 F.4th at 807 (citing Brandywine Explosives & Supply v. Dir., Off. of Workers’ Comp. Programs, 790 F.3d 657, 661 (6th Cir. 2015)). Clinical pneumoconiosis is defined by regulation as “those diseases recognized by the medical community as pneumoconioses.” Zurich Am. Ins. Grp v. Duncan ex rel. Duncan, 889 F.3d 293, 296–97 (6th Cir. 2018) (quoting 20 C.F.R. § 718.201(a)(1)). Legal pneumoconiosis is defined by regulation as “any chronic lung disease or impairment and its sequelae arising out of coal mine employment.” Id. at 297 (quoting 20 C.F.R. § 718.201(a)(2)).

“To establish entitlement to benefits under the BLBA, a claimant must prove that (1) they are a miner, (2) they have pneumoconiosis, (3) their pneumoconiosis arises out of coal mine employment, and (4) it contributes to (5) their total disability.” Island Creek Coal Co., 87 F.4th at 807; 20 C.F.R. § 725.202(d). “Because pneumoconiosis is ‘latent and progressive,’ miners may file a new claim ‘even after the entry of a final order denying a previously filed claim.’” Id. at 808 (quoting Cumberland River Coal Co. v. Banks, 690 F.3d 477, 482 (6th Cir. 2012)); see 20 C.F.R. §§ 718.201(c), 725.309. “Subsequent claims, however, ‘must be denied unless the miner demonstrates that one of the applicable conditions of entitlement . . . has changed since the date upon which the order denying the prior claim became final.’” Island Creek Coal Co., 87 F.4th at 808 (quoting Cumberland River Coal Co., 690 F.3d at 482); see also 20 C.F.R. § 725.309(d). “If a miner establishes a change in condition through new evidence, the ALJ then ‘must consider all the evidence in the record—old and new—to determine whether the claimant is entitled to benefits. Island Creek Coal Co., 87 F.4th at 808 (quoting Cumberland River Coal Co., 690 F.3d at 482).

B. Factual Background

Respondent Eddie Stewart is a former roof bolter who worked in underground coal mines for just under 15 years. He was last employed by the Island Creek Coal Company in 1989 and worked at the Providence Mine for 10 years. He worked eight-hour shifts for six, sometimes seven days a week. After working those shifts, Respondent was covered in dust, including some dust which blackened his face with a quarter-inch layer of residue. Dust regularly entered Respondent’s eyes, ears, and nose, so much so that Respondent recalled blowing dust out of his nose after his shifts.

Around 2015 or 2016, Respondent struggled to breathe on his own. He continues to breathe with the assistance of an oxygen tank. He reports symptoms of coughing, shortness of breath, and a tight chest. Respondent’s breathing issues have progressively gotten worse and have interfered with his ability to sleep. He experiences dizziness when standing without oxygen and can only walk approximately 50 ft with an oxygen tank. Respondent eventually left his job after he had a nervous breakdown and after the Providence Mine was shut down.

C. Procedural History

Respondent Eddie Stewart filed his claim for benefits under the Black Lung Benefits Act on August 2, 2019. Respondent previously filed four other claims for benefits under the Act between June 12, 1996 and July 7, 2011. Each claim was denied, either because Respondent was found to not have pneumoconiosis or that he did have the disease but was not totally disabled by it.

The administrative law judge held a telephonic hearing on Respondent’s claim on December 13, 2022. During the hearing, the parties presented evidence and argument before the ALJ, including medical expert reports by Drs. Sood, Sheikh, Selby, Majmudar, and Goodman.

Some of the evidence included the deposition testimony of Dr. Sanjay Chavda, who had treated Respondent’s pneumoconiosis since 2019, and corresponding treatment records. The ALJ initially admitted the entirety of Dr. Chavda’s deposition testimony into evidence.

In its May 31, 2023 order, the ALJ ultimately declined to consider portions of Dr. Chavda’s cross-examination testimony which involved questions “about other medical evidence outside the four corners of [Dr. Chavda’s] treatment notes.” App., at 398 n.25. The ALJ justified this exclusion by finding that the employer’s “asking Dr. Chavda to provide a medical opinion based on additional medical evidence exceeds the scope of cross-examination and constitutes an additional medical report that is in excess of the evidentiary limitations found at 20 C.F.R. § 725.414.” Id. Accordingly, the ALJ “limit[ed] [its] review of Dr. Chavda’s testimony to information regarding his treatment notes” only. Id.

The ALJ also considered Petitioner’s smoking history. Though Respondent claimed to not smoke, he previously reported that he was smoking up to five or six cigarettes per day between the mid-1980s and 1995. The ALJ noted how Respondent’s carboxyhemoglobin levels from his 2020 examination with Dr. Selby “were consistent with non-smoking status.” Id. at 383. The ALJ thus concluded that Respondent likely “used four or five cigarettes per day for five to ten years, but likely no more than fifteen years from the early 1980s to the mid-1990s.” Id. This finding, however, was not substantial to the ALJ.

After reviewing the evidence, the ALJ awarded benefits to Respondent. It found that “the preponderant weight of the medical evidence establishes that [Respondent] has clinical and legal pneumoconiosis, was totally disabled from a respiratory or pulmonary condition, and that his pneumoconiosis substantially contributed to his disabling pulmonary impairment.” Id. at 420–21. This satisfactorily proved “a change in condition since the prior denial of benefits.” Id. at 421.

Petitioner appealed to the Benefits Review Board, asserting that the ALJ “did not give it adequate notice that he would be excluding portions of Dr. Chavda’s deposition from the record, did not identify the portions he was including or excluding, and erred in finding [Respondent] established pneumoconiosis.” Id. at 427–28. The Board affirmed the ALJ, finding that the ALJ was not required to inform the parties that it was excluding evidence before deciding Respondent’s case, any error from inadequate notice was harmless, the ALJ did identify the portions of Dr. Chavda’s deposition it was excluding, and the ALJ did not err in finding that Respondent established his pneumoconiosis. Petitioner’s timely petition for review followed.

II. DISCUSSION

A. Standard of Review

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