Usery v. Turner Elkhorn Mining Co.

428 U.S. 1, 96 S. Ct. 2882, 49 L. Ed. 2d 752, 1976 U.S. LEXIS 10, 1 Fed. R. Serv. 243, 4 OSHC (BNA) 1361
CourtSupreme Court of the United States
DecidedJuly 1, 1976
Docket74-1302
StatusPublished
Cited by1,257 cases

This text of 428 U.S. 1 (Usery v. Turner Elkhorn Mining Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 96 S. Ct. 2882, 49 L. Ed. 2d 752, 1976 U.S. LEXIS 10, 1 Fed. R. Serv. 243, 4 OSHC (BNA) 1361 (1976).

Opinions

Mr. Justice Marshall

delivered the opinion of the Court.

Twenty-two coal mine operators (Operators) brought this suit to test the constitutionality of certain aspects of Title IY of the Federal Coal Mine Health and Safety Act of 1969, 83 Stat. 792, as amended by the Black Lung Benefits Act of 1972, 86 Stat. 150, 30 U. S. C. § 901 et seq. (1970 ed. and Supp. IV). The Operators, potentially liable under the amended Act to compensate certain miners, former miners, and their survivors for death or total disability due to pneumoconiosis arising out of employment in coal mines, sought declaratory and in-junctive relief against the Secretary of Labor and the [6]*6Secretary of Health, Education, and Welfare, who are responsible for the administration of the Act and the promulgation of regulations under the Act.

On cross-motions for summary judgment, a three-judge District Court for the Eastern District of Kentucky, convened pursuant to 28 U. S. C. §§ 2282 and 2284, found the amended Act constitutional on its face, except in regard to two provisions concerning the determination of a miner's total disability due to pneumoconiosis. The court enjoined the Secretary of Labor from further application of those two provisions. 385 F. Supp. 424 (1974). After granting a stay of the three-judge court's order, 421 U. S. 944 (1975), we noted probable jurisdiction of the cross-appeals. 421 U. S. 1010 (1975). We conclude that the amended Act, as interpreted, is constitutionally sound against the Operators' challenges.

I

Coal workers’ pneumoconiosis — black lung disease— affects a high percentage of American coal miners with severe, and frequently crippling, chronic respiratory impairment.1 The disease is caused by long-term inhalation of coal dust.2 Coal workers’ pneumoconiosis (here[7]*7after pneumoconiosis) is generally diagnosed on the basis of X-ray opacities indicating nodular lesions on the lungs of a patient with a long history of coal dust exposure. As the Surgeon General has stated, however, post-mortem examination data have indicated a greater prevalence of the disease than X-ray diagnosis reveals.

According to the Surgeon General, pneumoconiosis is customarily classified as “simple” or “complicated.”3 Simple pneumoconiosis, ordinarily identified by X-ray opacities of a limited extent, is generally regarded by physicians as seldom productive of significant respiratory impairment. Complicated pneumoconiosis, generally far more serious, involves progressive massive fibrosis as a complex reaction to dust and other factors (which may include tuberculosis or other infection), and usually4 produces significant pulmonary impairment and marked respiratory disability. This disability limits the victim's physical capabilities, may induce death by cardiac failure, and may contribute to other causes of death.5

Removing the miner from the source of coal dust has so far proved the only effective means of preventing the contraction of pneumoconiosis, and once contracted the disease is irreversible in both its simple and complicated stages. No therapy has been developed. Finally, because the disease is progressive,6 at least in its com[8]*8plicated stage, its symptoms may become apparent only after a miner has left the coal mines.

In order to curb the incidence of pneumoconiosis, Congress provided in Title II of the Federal Coal Mine Health and Safety Act of 1969, § 201 et seq., 30 U. S. C. § 841 et seq., for limits on the amount of dust to be permitted in the ambient air of coal mines. Additionally, in view of the then-established prevalence of irreversible pneumoconiosis among miners, and the insufficiency of state compensation programs, Congress passed Title IV of the 1969 Act, § 401 et seq., 30 U. S. C. § 901 et seq., to provide benefits to afflicted miners and their survivors. These benefit provisions were subsequently broadened by the Black Lung Benefits Act of 1972. 30 U. S. C. § 901 et seq. (1970 ed., Supp. IV).

As amended, the Act divides the financial responsibility for payment of benefits into three parts. Under Part B of Title IV, §§ 411-414, 30 U. S. C. §§ 921-924 (1970 ed. and Supp. IV), claims filed between December 30, 1969, the date of enactment, and June 30, 1973, are adjudicated by the Secretary of Health, Education, and Welfare and paid by the United States.7

Under Part C of Title IV, §§ 421-431, 30 U. S. C. §§931-941 (1970 ed. and Supp. IV), claims filed after December 31, 1973, are to be processed under an applicable state workmen's compensation law approved by the Secretary of Labor under the standards set forth in §421, 30 U. S. C. §931 (1970 ed. and Supp, IV). In [9]*9the absence of such an .approved state program, and to date no state program has been approved, claims are to be filed with and adjudicated by the Secretary of Labor, and paid by the mine operators. § 422, 30 U. S. C. §932 (1970 ed. and Supp. IV). Under §422 an operator who is entitled to a hearing in connection with these claims is liable for Part C benefits with respect to death or total disability due to pneumoconiosis arising out of employment in a mine for which the operator is responsible. The operator’s liability for Part C benefits covers the period from January 1, 1974, to December 30, 1981. Payments of benefits under Part C are to the same categories of persons — a miner or certain survivors — and in the same amounts, as under Part B. §§ 422 (c), (d); see § 412 (a), 30 U. S. C. § 922 (a) (1970 ed. and Supp. IV).8

Claims filed during the transition period between the Federal Government benefit provision under Part B, and state plan or operator benefit provision under Part C— that is, July 1 to December 31, 1973 — are adjudicated [10]*10under § 415 of Part B, 30 U. S. C. § 925 (1970 ed., Supp. IV), by the Secretary of Labor. The United States is responsible for payment of these claims until December 31, 1973. Responsible operators, having been notified of a claim and entitled to participate in a hearing thereon, are thereafter liable for benefits as if the claim had been filed pursuant to Part C and § 422 had been applicable to the operator.

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Bluebook (online)
428 U.S. 1, 96 S. Ct. 2882, 49 L. Ed. 2d 752, 1976 U.S. LEXIS 10, 1 Fed. R. Serv. 243, 4 OSHC (BNA) 1361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usery-v-turner-elkhorn-mining-co-scotus-1976.