Martin v. Alabama By-Products Corp.

864 F.2d 1555, 1989 WL 2992
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 6, 1989
DocketNo. 87-7704
StatusPublished
Cited by7 cases

This text of 864 F.2d 1555 (Martin v. Alabama By-Products Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Alabama By-Products Corp., 864 F.2d 1555, 1989 WL 2992 (11th Cir. 1989).

Opinions

TJOFLAT, Circuit Judge:

Marvin S. Martin, the appellant, worked as a coal miner for thirty-three years, ending in 1979. On January 3, 1980, he applied for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969 (the Act), 30 U.S.C. §§ 901-945 (1982 & Supp. IV 1986), and the regulations promulgated thereunder, 20 C.F.R. §§ 410, 718, 725, 727 (1988). Martin claimed that he had contracted pneumoconiosis, a form of lung disease, as a result of his work in the coal mines and therefore was entitled to disability benefits under the Act. His employer, Alabama By-Products Corporation, controverted his claim, and it was referred to an administrative law judge (ALJ) for a formal hearing.

At the hearing, Martin presented the following evidence in support of his claim of disability: (1) the report of Dr. James Gasc-argne, who had been Martin’s treating physician since January 1980, which indicated that Martin suffered from chronic obstruc[1556]*1556tive pulmonary disease but had never been treated for pneumoconiosis, and (2) chest X-rays, pulmonary function studies, and arterial blood gas tests which had been made to determine whether Martin was disabled as a result of pneumoconiosis. The AU ruled that a portion of this evidence — the pulmonary function studies and arterial blood gas tests — raised an “interim presumption,” under 20 C.F.R. § 727.203(a)(2) and (3),1 that Martin was totally disabled due to pneumoconiosis.

At this point, the burden shifted to the employer to rebut the presumption. Alabama By-Products, in response, presented the testimony of two physicians. Dr. Hayse Boyd testified that in March 1980 he diagnosed Martin as having a moderately severe chronic obstructive lung disease which probably was related to both his work in the coal mines and his long-term cigarette smoking. Dr. Gaines Jones, who testified by deposition, had examined Martin in March 1981 and found that he was suffering from chronic obstructive pulmonary disease. Dr. Jones is the only physician in the case who has rendered an opinion as to Martin’s ability to perform his past mine work; he opined that Martin’s pulmonary disease had been caused primarily by Martin’s cigarette smoking. In addition to the testimony of these physicians, Alabama By-Products also presented several hospital records which indicated that Martin had suffered a stroke, had received treatment for severe advanced arteriosclerosis and depression, and had undergone a cholecystectomy, an appendectomy, and an arteriofemoral bypass.

The AU rejected Martin’s claim. He held that although Martin’s proof had raised a presumption of total disability due to pneumoconiosis under 20 C.F.R. § 727.203(a), the employer had rebutted the presumption by presenting evidence that satisfied the requirements of 20 C.F.R. §§ 727.203(b)(2) and (4).2 The Benefits Review Board (the Board) affirmed the AU’s decision. The Board found that the employer had rebutted the presumption of disability under section 727.203(b)(2), and did not reach the question whether rebuttal had occurred under section 727.203(b)(4). Martin then petitioned this court for review.

Martin asks us to set aside the administrative decision in this case for the following reasons. First, the AU and the Board erred in concluding that the employer rebutted the presumption of total disability under section 727.203(b)(2). Second, the [1557]*1557AU erred in concluding that the employer rebutted the presumption of total disability under section 727.203(b)(4).

I-

The Board’s review of an AU’s decision is limited to ensuring that the decision accords with law and is supported by substantial evidence. See 33 U.S.C. § 921(b)(3) (1982); 20 C.F.R. § 802.301 (1988). Our role is essentially the same. See Stomps v. Director, Office of Workers’ Compensation Programs, 816 F.2d 1633, 1534 (11th Cir.1987).

The purpose of the Black Lung Benefits Act is to “provide benefits ... to coal miners who are totally disabled due to pneumo-coniosis.” 30 U.S.C. § 901(a) (1982). Under the Act, pneumoconiosis is defined as “a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.” Id. § 902(b). A miner is considered totally disabled when “pneumo-coniosis prevents him or her from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine ... in which he or she previously engaged with some regularity and over a substantial period of time.” Id. § 902(f)(1)(A).

A claimant “will be presumed to be totally disabled due to pneumoconiosis” if he meets one or more of the medical requirements of 20 C.F.R. § 727.203(a). The employer can rebut this presumption by meeting one or more of the tests set forth in section 727.203(b). Once the presumption is rebutted, it disappears and can no longer be relied upon by the claimant. Instead, the claimant must affirmatively prove that he is totally disabled and that his disability results from pneumoconiosis. In deciding whether the claimant has met this burden, the AU must consider all of the evidence in the case.

Martin contends initially that the AU improperly found his presumption of eligibility rebutted under subsection 727.-203(b)(2). Subsection (b)(2) states in pertinent part that the presumption of pneumo-coniosis caused by coal mine work can be rebutted if “[i]n light of all relevant evidence it is established that the individual is able to do his usual coal mine work or comparable and gainful work.” In accord with the Department of Labor’s interpretation of (b)(2), the AU held that rebuttal could be had where the individual’s inability to work is unrelated to pneumoconiosis, so that absent some other disability, he would have been able to continue his coal mine work. Martin, however, seeks a literal reading of subsection (b)(2), so that even if he were unable to work for reasons unrelated to pneumoconiosis, the presumption would not be rebutted.

Other courts of appeals have followed the literal wording of subsection (b)(2), interpreting it to mean that the employer cannot rebut the presumption of total disability by showing that the claimant is totally disabled for any reason other than pneumoconiosis. These courts have reached this interpretation because under the next subsection, (b)(3), the presumption of total disability is rebutted if it is shown that the claimant’s disability did not result from coal mine employment.3 See York v. Benefits Review Bd., 819 F.2d 134

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864 F.2d 1555, 1989 WL 2992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-alabama-by-products-corp-ca11-1989.