Jeffers v. Sterling Garrett Coal Co.

583 S.W.2d 594, 1979 Tenn. LEXIS 447
CourtTennessee Supreme Court
DecidedJune 25, 1979
StatusPublished

This text of 583 S.W.2d 594 (Jeffers v. Sterling Garrett Coal Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffers v. Sterling Garrett Coal Co., 583 S.W.2d 594, 1979 Tenn. LEXIS 447 (Tenn. 1979).

Opinion

OPINION

HERSCHEL P. FRANKS, Special Justice.

Plaintiff’s claim for permanent total disability benefits due to coal worker’s pneu-moconiosis under the Workmen’s Compensation Law was denied by the trial court.

Plaintiff, on appeal, assigns as errors, the failure of the Court to find plaintiff disabled by reason of coal worker’s pneumoco-niosis and failure to apply the appropriate standards for determining disability as directed by T.C.A., § 50-1102.

The complaint alleged that plaintiff was employed by defendant as a coal miner, became totally and permanently disabled due to coal worker’s pneumoconiosis and his occupational disease resulted from employment with the defendant. Defendant’s answer admitted the parties are bound by the Workmen’s Compensation Law, and joined issue on the allegations. The judgment in the case recites, in part, “[T]he Court finds all of the issues joined in favor of the defendant, Sterling Garrett Coal Company” and the suit was ordered dismissed with prejudice.1

[595]*595The issue thus becomes whether there is any material evidence to substantiate the conclusions of the trial court when the applicable standards are applied to the evidence. See Stratton-Warren v. Parker, 557 S.W.2d 494 (Tenn.1977).

In determining the applicable standards, T.C.A., § 50-1102, directs and provides in pertinent part:

In considering whether an employee has the occupational disease of coal worker’s pneumoconiosis and is totally disabled or dies therefrom all the presumptions, criteria and standards contained in or promulgated by reason of the Federal Coal Mine Health and Safety Act of 1969, Public Law 91-173, specified as the basis for determining eligibility of applicants for benefits because of said disease or its effects shall be used and be applicable under this law; .

In Blankenship v. Old Republic Ins. Co., 539 S.W.2d 23 (Tenn.1976) and Moore v. Old Republic Ins. Co., 512 S.W.2d 564 (Tenn.1974), this Court held that the statute “adopted the Federal law concerning coal worker’s pneumoconiosis as the law in Tennessee.” 512 S.W.2d at 567.

The portions of the Federal Coal Mine Health and Safety Act pertaining to coal worker’s pneumoconiosis are codified at 30 U.S.C. § 901, et seq. Regulations promulgated by the Secretary under the Act’s authority are set forth in 20 C.F.R. § 410.401 et seq.

Total disability is defined in regulation 20 C.F.R. § 410.412 as follows:

(a) A miner shall be considered totally disabled due to pneumoconiosis if:
(1)his pneumoconiosis prevents him from engaging in gainful work in the immediate area of his residence requiring the skills and abilities comparable to those of any work in a mine or mines in which he previously engaged with some regularity and over a substantial period of time, and
(2)His impairment can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.

20 C.F.R. § 410.426 provides when various medical tests2 are not conclusive within the regulations, disability is to be determined by ascertaining whether the employee is able to perform other comparable work (to mining) in light of his experience and education, and further states:

A miner shall be determined to be under a disability only if his pneumoconiosis is or was the primary reason for his inability to engage in such . . . work. Medical impairments other than pneumo-coniosis may not be considered. [Emphasis supplied.]

Finally, a specific standard relating to miners employed for 15 years or more in coal mines is set forth in 30 U.S.C. § 921(c)(4), and provides:

(4) If a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner’s, his widow’s, his child’s, his parent’s, his brother’s, his sister’s, or his dependent’s claim under this subchap-ter and it is interpreted as negative with respect to the requirements or paragraph (3)of this subsection, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebut-table presumption that such miner is totally disabled due to pneumoconiosis, that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife’s affidavit may not be used by itself to establish the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where he determines that conditions of a miner’s em[596]*596ployment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine.

The presumption and conditions are substantially restated in 20 C.F.R. § 410.414(6).

The plaintiff worked as a bulldozer operator in various strip mines in and around Scott County, Tennessee for a period of 16 to 18 years. He was employed in that capacity by defendant from May 12, 1975 until June 23, 1975. On the latter date he suffered a heart attack and was not gainfully employed from that time until the date of trial.

Plaintiff’s testimony of employment for more than 15 years in strip mining was not contradicted. He described dusty conditions prevailing generally during his mining activities and exposure to coal dust, particularly when loading trucks. This evidence satisfies one of the two elements necessary to trigger the presumption created by 30 U.S.C. § 921(c)(4). The other element is “other evidence . . . demonstrating the existence of a totally disabling chronic respiratory impairment.” Petry v. Califano, 577 F.2d 860 (4th Cir. 1978).

At the trial medical evidence was introduced from three physicians, being Dr. Swann, a thoracic specialist engaged by the plaintiff; Dr. Hudson, also a thoracic specialist engaged by defendant; and Dr. Leeds, the plaintiff’s family doctor.

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Related

Murray Ohio Manufacturing Company v. Vines
498 S.W.2d 897 (Tennessee Supreme Court, 1973)
Blankenship v. Old Republic Insurance Co.
539 S.W.2d 23 (Tennessee Supreme Court, 1976)
Moore v. Old Republic Insurance Co.
512 S.W.2d 564 (Tennessee Supreme Court, 1974)
Hardware v. Parker
557 S.W.2d 494 (Tennessee Supreme Court, 1977)
Simmons v. Taylor
63 S.W. 1123 (Tennessee Supreme Court, 1901)
Peabody Coal Co. v. Benefits Review Board
560 F.2d 797 (Seventh Circuit, 1977)
Petry v. Califano
577 F.2d 860 (Fourth Circuit, 1978)

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Bluebook (online)
583 S.W.2d 594, 1979 Tenn. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-sterling-garrett-coal-co-tenn-1979.