Mingo Logan Coal Company v. Erma Owens

724 F.3d 550, 2013 WL 3929081, 2013 U.S. App. LEXIS 15673
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 31, 2013
Docket11-2418
StatusPublished
Cited by20 cases

This text of 724 F.3d 550 (Mingo Logan Coal Company v. Erma Owens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mingo Logan Coal Company v. Erma Owens, 724 F.3d 550, 2013 WL 3929081, 2013 U.S. App. LEXIS 15673 (4th Cir. 2013).

Opinions

Petition for review denied by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DAVIS and Judge DIAZ joined. Judge NIEMEYER wrote a separate concurring opinion.

NIEMEYER, Circuit Judge:

After nearly 30 years of coal mine employment, Dallas Owens became totally disabled because of breathing difficulties, and in April 2008, he filed a claim for black lung benefits. An Administrative Law Judge (“ALJ”) found that Owens’ claim triggered the rebuttable presumption for benefits under 30 U.S.C. § 921(c)(4), available to miners who are totally disabled and have worked 15 years or more in underground coal mines, and that Mingo Logan Coal Company, Owens’ former employer, failed to rebut the presumption. The ALJ therefore awarded benefits to Owens, and the Benefits Review Board affirmed.

On appeal, Mingo Logan contends that the ALJ and the Board applied the wrong legal standard in evaluating whether it had met its rebuttal burden, erroneously limiting it to the two methods that the text of the statute specifies are the only means by which the Secretary may rebut the presumption. See 30 U.S.C. § 921(c)(4) (providing, “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”). Mingo Logan contends that limiting it to these two methods of rebuttal violated not only the clear language of § 921(c)(4), which makes the rebuttal limitations applicable to the Secretary, but also the Supreme Court’s holding in Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 35, 96 S.Ct. 2882, 49 L.Ed.2d 752 (1976) (construing the statute to place no limitations on the means by which an employer may satisfy its burden on rebuttal).

Both Owens and the Director of the Office of Workers’ Compensation Programs argue that even though the statute does not, by its terms, limit employers to the two specified methods of rebuttal, logic does, and therefore the ALJ and the Board articulated the correct. legal standard.

We do not reach Mingo Logan’s challenge to the standard announced by the Board to rebut the § 921(c)(4) presumption of entitlement to benefits, because we conclude that the ALJ did not in fact apply rebuttal limitations to Mingo Logan, and the Board affirmed the ALJ’s analysis. Because we also find that Mingo Logan’s other challenges to the ALJ’s factual findings lack merit, we affirm the Board’s award of benefits. Accordingly, we deny Mingo Logan’s petition for review.

I

Owens worked in West Virginia coal mines for close to 30 years, beginning in 1974, and he spent the last 10 of those years working in coal mines as an electrician for Mingo Logan Coal Company. He stopped working in 2003 when he developed difficulty breathing, a problem that got worse with time. In April 2008, Owens filed a claim under the Black Lung [553]*553Benefits Act, which awards benefits to coal miners who are totally disabled due to pneumoconiosis. See 30 U.S.C. § 901 et seq. The statute’s implementing regulations define the term pneumoconiosis to include not only those diseases medically recognized as pneumoconiosis (“clinical pneumoconiosis”), but also “any chronic lung disease or impairment and its sequelae arising out of coal mine employment” (“legal pneumoconiosis”). 20 C.F.R. § 718.201(a). A claims examiner found that Owens was eligible for benefits and ordered Mingo Logan to pay him $1,048.10 a month. Mingo Logan contested the award and requested a formal hearing with an ALJ. The hearing was conducted on December 9, 2009.

At the hearing, Owens testified about his employment history and his breathing problems, for which he had been prescribed oxygen. He also testified that he had smoked about a quarter of a pack of cigarettes a day when he was in his late teens and early twenties but that he had not smoked since 1965. In addition to Owens’ testimony, the parties introduced various forms of medical evidence concerning his condition, including (1) conflicting interpretations of two chest X-rays and three CT scans; (2) the results from pulmonary function tests and arterial blood gas studies; (3) notes of observations from two of his treating physicians, Dr. Maria Boustani and Dr. Oscar Figueroa, indicating that Owens had pneumoconiosis; and (4) conflicting medical opinions from three physicians, Dr. D.L. Rasmussen (offered by the Director), Dr. George Zaldivar (offered by Mingo Logan), and Dr. Kirk Hippensteel (offered by Mingo Logan), all three, of whom agreed that Owens was totally disabled by a pulmonary impairment but disagreed as to its diagnosis and cause. Dr. Rasmussen diagnosed Owens as having both clinical pneumoconiosis and interstitial fibrosis and opined that both conditions were attributable to Owens’ exposure to coal mine dust. Dr. Zaldivar diagnosed Owens with idiopathic interstitial fibrosis or, in his words, “an interstitial fibrosis of undetermined cause,” but unrelated to coal mining. Dr. Hippensteel essentially reached the same conclusion, opining that Owens’ “type of lung disease is a disease of the general public unrelated to his prior coal mine, dust exposure” and that he “would be just as impaired by the same pulmonary problem had he never worked in a coal mine.”

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Bluebook (online)
724 F.3d 550, 2013 WL 3929081, 2013 U.S. App. LEXIS 15673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mingo-logan-coal-company-v-erma-owens-ca4-2013.