Southern Appalachian Coal Company v. Alan Adkins

468 F. App'x 331
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 1, 2012
Docket10-2286
StatusUnpublished

This text of 468 F. App'x 331 (Southern Appalachian Coal Company v. Alan Adkins) 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
Southern Appalachian Coal Company v. Alan Adkins, 468 F. App'x 331 (4th Cir. 2012).

Opinion

Affirmed by unpublished opinion. Judge WYNN wrote the opinion, in which Judge WILKINSON and Judge FLOYD concurred.

Unpublished opinions are not binding precedent in this circuit.

WYNN, Circuit Judge:

Southern Appalachian Coal Company challenges the award of benefits to Alan L. Adkins, a former coal mine employee, under the Black Lung Benefits Act (“Act”). With this appeal, Southern Appalachian essentially asks us to reweigh the evidence that was before the Administrative Law Judge (“ALJ”) and come to a different conclusion. But this we may not do. Accordingly, we affirm the award of benefits to Adkins.

I.

Adkins spent fifteen years employed in coal mining. During that employment, *333 Adkins worked underground, including as a roof bolt operator and a miner operator, both “dusty” jobs. J.A. 19, 20. Adkins also smoked cigarettes, from 1975 to 1990, which roughly corresponds to his tenure as a miner.

Adkins developed problems with breathing and exhaustion upon physical exertion. In June 2007, Adkins filed a claim for black lung benefits under the Act. Southern Appalachian contested, and a hearing was held. At the hearing, the ALJ had before him, among other things, the following medical evidence:

Dr. Randolph Forehand examined Adkins in August 2007 and concluded that Adkins had pneumoconiosis. 1 Dr. Forehand stated, among other things, that Adkins’s “coal mine dust exposure resulted in a significant respiratory impairment ... which would prevent him from going back into the mines. Coal mine dust exposure has led to legal coal workers’ pneumoconi-osis which has permanently and totally disabled him.” J.A. 73.

Dr. D.L. Rasmussen examined Adkins and concluded in May 2008 that, among other things, Adkins “has evidence to support a diagnosis of legal pneumoconiosis. The patient has pneumoconiosis, (i.e. COPD/emphysema caused in significant part by coal mine dust exposure) which is a material contributing cause of his disabling lung disease.” J.A. 77.

Dr. Glen Baker examined Adkins and reported in July 2008 that, among other things, “the patient does have a chronic lung disease caused by his coal mine employment. This is based on the presence of both clinical and legal pneumoconiosis.” J.A. 88. Dr. Baker indicated that Adkins was only partially, i.e., not totally disabled, stating: “He would have a class 2 or a 10 to 25% impairment of the whole person. ... This impairment is related to his pneumoconiosis and possibly to some extent his cigarette smoking history.” Id.

Dr. George Zaldivar examined Adkins’s records in 2008 and 2009 and reported that Adkins did not have pneumoconiosis; Dr. Zaldivar instead theorized that Adkins may have pulmonary fibrosis caused by smoking. Dr. Zaldivar stated, “[m]y opinion remains that Mr. Adkins does not suffer from coal workers’ pneumoconiosis nor coal dust induced lung disease_” J.A. 112.

Dr. Kirk Hippensteel examined Adkins and Adkins’s records in February 2009 and reviewed records again in May 2009 and concluded that Adkins “does not have evidence of legal pneumoconiosis ...” J.A. 219. Dr. Hippensteel concluded that Adkins had bronchitis, allergies, and cardiac disease unrelated to working in the mines.

After reviewing this medical evidence, the ALJ determined that Adkins had pneumoconiosis caused at least in part by 15 years’ employment in coal mining, and found that he was totally disabled. The ALJ therefore determined that Adkins was entitled to benefits under the Act.

Southern Appalachian appealed to the Benefits Review Board. A panel of three administrative appeals judges affirmed the ALJ’s decision and order awarding bene *334 fits. The Benefits Review Board determined that the ALJ’s decision and order “is rational, supported by substantial evidence and in accordance with applicable law.” J.A. 241. Southern Appalachian now appeals to this Court.

II.

On appeal, Southern Appalachian argues that the ALJ failed to: weigh all the evidence and consider certain medical opinions when concluding that Adkins had pneumoconiosis; accurately determine the length of Adkins’s coal mine employment; and properly assess the cause of total disability. We address each argument in turn. In so doing, “[w]e undertake an independent review of the record, as in the place of the Board, to determine whether the ALJ’s factual findings are based on substantial evidence in the record. We review questions of law de novo.” Toler v. E. Associated Coal Co., 43 F.3d 109, 114 (4th Cir.1995) (citation omitted).

A.

Southern Appalachian first argues that the ALJ failed to weigh all the evidence as to whether Adkins has legal pneumoconio-sis and consider certain medical opinions in concluding that Adkins has legal pneu-moconiosis.

At the outset, we note that “[t]o establish entitlement to benefits under the Act, a miner must prove that he has pneumoco-niosis, that the disease was caused by his coal mine employment, and that he is totally disabled due to the disease.” Doss v. Dir., Office of Workers’ Comp. Programs, 53 F.3d 654, 658 (4th Cir.1995). On appeal, we do not undertake to re-weigh conflicting evidence on these issues, make credibility determinations, or substitute our judgment for that of the ALJ. Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990). Rather, “[w]here conflicting evidence allows reasonable minds to differ ..., the responsibility for that decision falls on the Secretary (or the Secretary’s designate, the ALJ). The issue before us, therefore, is not whether [the claimant has legal pneumoconiosis], but whether the ALJ’s finding ... is supported by substantial evidence and was reached based upon a correct application of the relevant law.” Craig v. Chater, 76 F.3d 585, 589 (4th Cir.1996) (quotation marks and citation omitted).

In this case, the ALJ had several conflicting medical reports before him. The one he chose to rely on most extensively, that of Dr. Rasmussen, states, among other things, that Adkins “has evidence to support a diagnosis of legal pneumoconio-sis. The patient has pneumoconiosis, (i.e. COPD/emphysema caused in significant part by coal mine dust exposure) which is a material contributing cause of his disabling lung disease.” J.A. 77. The ALJ did not err in relying on this report, which he found credible because Dr. Rasmussen explained that Adkins’s pulmonary disease was caused by both coal dust and cigarette smoke exposure and that it was impossible to separate the effects of the two.

Further, the main thrust of Dr. Rasmussen’s report, i.e., that Adkins had legal pneumoconiosis and that his lung impairment was caused at least in significant part due to coal dust exposure, was supported by Dr.

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