Lahndorff v. U.S. Dep't of Labor

289 F. Supp. 3d 826
CourtDistrict Court, W.D. Kentucky
DecidedOctober 4, 2017
DocketCIVIL ACTION NO. 5:15–CV–00022–GNS–LLK
StatusPublished
Cited by2 cases

This text of 289 F. Supp. 3d 826 (Lahndorff v. U.S. Dep't of Labor) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lahndorff v. U.S. Dep't of Labor, 289 F. Supp. 3d 826 (W.D. Ky. 2017).

Opinion

Greg N. Stivers, Judge

Plaintiff Gregory K. Lahndorff ("Lahndorff") brings this action for review of the Department of Labor's ("DOL") denial of his claims for benefits under Parts B and E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (the "EEOICPA"), 42 U.S.C. §§ 7384 - 7385s-16. Because the only decision for which review is available is neither arbitrary nor capricious, Lahndorff's claim is DENIED .

I. BACKGROUND

A. Statutory Background

The EEOICPA provides benefits to covered employees with illnesses caused by exposure to toxic substances in the course of their work for the Department of Energy ("DOE") and its predecessor agencies, as well as certain of its vendors, contractors, and subcontractors. An employee seeking compensation under Part B of the EEOICPA for chronic beryllium disease ("CBD") must first provide proof she qualifies as a "covered beryllium employee," i.e., that she was potentially exposed to beryllium while working at a covered DOE facility. 42 U.S.C. § 7384l(1), (7). When documentation establishes employment at a DOE facility during a period of time when beryllium dust, particles or vapor may have been present, an employee's exposure to beryllium is presumed. Id. § 7384n(a). To establish a diagnosis of CBD resulting from the employee's work-related beryllium exposure, certain statutory criteria must be met depending upon whether the claimed diagnosis was before or after January 1, 1993:

(A) For diagnoses on or after January 1, 1993, beryllium sensitivity (as established [by abnormal lymphocyte proliferation test performed on either blood or lung lavage cells] ) together with lung pathology consistent with [CBD], including-
(i) a lung biopsy showing granulomas or a lymphocytic process consistent with [CBD]
(ii) a computerized axial tomography scan showing changes consistent with [CBD]; or
(iii) pulmonary function or exercise testing showing pulmonary deficits consistent with [CBD].
(B) For diagnoses before January 1, 1993, the presence of-
(i) occupational or environmental history, or epidemiologic evidence of beryllium exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest radiographic (or computed tomography (CT) ) abnormalities.
(II) Restrictive or obstructive lung physiology testing or diffusing lung capacity defect.
*829(III) Lung pathology consistent with [CBD].
(IV) Clinical course consistent with a chronic respiratory disorder.
(V) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).

Id. § 7384l(13).

Part E of the EEOICPA provides additional compensation to certain DOE contractor employees for permanent impairment and/or wage-loss due to a "covered" illness resulting from work-related exposure to toxic substances at a DOE facility. Id. § 7385s(2). When deciding Part E claims, DOL must find that a DOE contactor employee has a covered illness for purposes of Part E if it has already determined that the employee is entitled to compensation under Part B for the same illness. Id. § 7385s-4(a). Otherwise, the employee must establish the following:

(A) it is as least as likely as not that exposure to a toxic substance at a Department of Energy Facility was a significant factor in aggravating, contributing to, or causing the illness; and
(B) it was at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility.

Id. § 7385s-4(c)(1)(A)-(B).

B. Factual Background

Lahndorff worked at the Paducah Gaseous Diffusion Plant ("PGDP") from April 21, 1975, to April 9, 2003. (Administrative Record 197, DN 18-2 [hereinafter AR] ). Lahndorff alleges that he was exposed to hazardous substances during his time at the PGDP, which caused various illnesses. (Compl. ¶ 9, DN 1).

In October 2010, Lahndorff filed claims for benefits under Parts B and E of the EEOICPA for CBD.1 (AR 345). Upon receipt of this claim, the district office of DOL's Office of Workers' Compensation Programs ("OWCP") referred the medical records Lahndorff submitted in support of his claims to an on-site contract medical consultant for review. (AR 696). As documented in the case file by a claims examiner, the consultant opined that: (1) the chest x-ray reports did not support a diagnosis of CBD, especially since a 1981 chest x-ray showed calcified granulomas, which are not characteristic of CBD; and (2) treatment notes were needed to show a clinical course consistent with chronic respiratory disorder. (AR 696). In the course of processing Lahndorff's claims, the district office sent him two letters describing the pre- and post-1993 statutory criteria for establishing a diagnosis of CBD and informing him that additional evidence was needed to establish a claim for CBD under Part B. (AR 342-43, 332-33). More particularly, the district office explained that: (1) the x-ray reports Lahndorff submitted, which noted "parenchymal and hilar calcifications" and "calcified granulomas," were not consistent with CBD and thus were not sufficient to meet Criterion I of the pre-1993 statutory criteria; (2) the actual x-rays were not submitted and the notations were not signed by a physician; (3) there was insufficient evidence to show that Lahndorff had a clinical course consistent with chronic respiratory disorder as required by Criterion IV of the pre-1993 statutory criteria; and (4) Lahndorff's beryllium lymphocyte proliferation test ("BeLPT") was normal; thus, the post-1993 statutory criteria were inapplicable. (AR 342-43, 332-33).

*830

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Related

Adams v. U.S. Dep't of Labor
360 F. Supp. 3d 320 (D. South Carolina, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
289 F. Supp. 3d 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lahndorff-v-us-dept-of-labor-kywd-2017.