Webster County Coal Corp. v. Menser

59 F. App'x 682
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 25, 2003
DocketNo. 01-4062
StatusPublished

This text of 59 F. App'x 682 (Webster County Coal Corp. v. Menser) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webster County Coal Corp. v. Menser, 59 F. App'x 682 (6th Cir. 2003).

Opinion

MERRITT, Circuit Judge.

In this black lung benefits case, Barbara Aim Menser, widow of Norman Menser, was twice denied survivor’s benefits by two different administrative law judges. The first time, the Benefits Review Board vacated the ALJ’s decision as lacking the proper foundation and rationale for discrediting Mr. Menser’s treating physician’s diagnosis that coal miner’s pneumoconiosis was a significant condition contributing to Mr. Menser’s death and for discrediting the Dr. Pitzer’s pathological diagnosis that the primary cause of death was severe coal workers’ pneumoconiosis with interstitial fibrosis and respiratory failure. The second time, the Board affirmed the ALJ’s denial of benefits as being properly supported by substantial evidence and adequate rationale for discrediting the treating physician and the prosector. Within one year after the Board’s affirmance of the second denial, Mrs. Menser wrote a letter to the district director stating, “[Tjhis is my appeal of the latest denial of my claim.” With the letter, Mrs. Menser included “more records regarding [Mr. Menser]” and asked the district director to “review [the records] as soon as possible and reconsider my claim.” The district director treated the letter as a timely request for modification under 20 C.F.R. § 725.310 (implementing 33 U.S.C. § 922), which allows the district director to reconsider the denial of benefits, upon the request of any party at any time before one year after the denial of the claim, “because of a mistake in a determination of fact.” See 33 U.S.C. § 922, as incorporated by 30 U.S.C. § 932(a). The case was assigned for hearing before a third administrative law judge, who concluded that a mistake in the ultimate fact of entitlement had been made, basing his conclusion on the same evidence that was before the previous two judges. Finding substantial evidence that coal worker’s pneumoconiosis had hastened Mr. Menser’s death, ALJ Jansen awarded Mrs. Menser survivor’s benefits, 30 U.S.C. §§ 901-945. The Benefits Review Board affirmed. The employers petitioned this court for judicial review of ALJ Jansen’s award of benefits and the Board’s affirmance, raising various procedural and substantive arguments. Because we conclude each is without merit, we DENY the petition for review.

Proeedurally, the district director acted well within his authority to treat Mrs. Menser’s letter as a request for modification under 20 C.F.R. § 725.310. See Youghiogheny and Ohio Coal Co. v. Milliken, 200 F.3d 942, 953-54 (6th Cir.1999). Likewise, a district director has “broad discretion to correct mistakes of fact, whether demonstrated by wholly new evidence, cumulative evidence, or merely further reflection on the evidence initially submitted.” O’Keeffe v. Aerojet-General Shipyards, Inc., 404 U.S. 254, 256, 92 S.Ct. 405, 30 L.Ed.2d 424 (1971); Youghiogheny and Ohio Coal Co. v. Milliken, 200 F.3d at 954; Consolidation Coal Co. v. Worrell, 27 F.3d 227, 230 (6th Cir.1994). Indeed, as we have stated, in black lung benefits cases, “the fact-finder has the authority, if not the duty, to rethink prior findings of fact and to reconsider all evidence.” Jonida Trucking, Inc. v. Hunt, 124 F.3d 739, 743 (6th Cir.1997).

Further, we find no error in the assignment of ALJ Jansen to preside over Mrs. Menser’s modification hearing. The Board affirmed ALJ Jansen’s refusal to transfer the case to Judge Kaplan, concluding that no provision of § 922 or the implementing regulations require the original fact-finder, if available, to adjudicate subsequent modification requests. We do not find this conclusion legally erroneous. Just as in a first claim, processing of a request for modification begins with the collection of evidence at the district director level. See 20 C.F.R. § 725.310(b). [684]*684If a party is dissatisfied with the district director’s proposed decision, the party may request a hearing, and the proceeding is referred to an ALJ under § 725.421 and .451, for hearing and de novo review of the evidence. “The sum of a de novo review and a de novo process is a new adjudication.” See Betty B Coal Co. v. Director, OWCP, 194 F.3d 491, 499 (4th Cir.1999). It is not inconsistent to assign a different administrative law judge to hear what amounts to an entirely new adjudication. Further, none of the authority cited by the employers supports a finding of error under the circumstances of this case. ALJ Jansen conducted a de novo review of the evidence after conducting a hearing at which he was able to assess the credibility of fact witnesses.

For similar reasons, the “law of the case doctrine” simply does not apply where an administrative official of the same rank as the one presiding over the denial of benefits is authorized under the governing statute and regulations to reopen the case, with no limitation on particular factual errors, and to conduct a de novo adjudication. “The phrase, ‘law of the case,’ as applied to the effect of previous orders on the later action of the court rendering them in the same case, merely expresses the practice of courts generally to refuse to reopen what has been decided, not a limit to their power.” Messinger v. Anderson, 225 U.S. 436, 444, 32 S.Ct. 739, 56 L.Ed. 1152 (1912). Although the law of the case doctrine no doubt applies in the administrative context where a judicial review tribunal has decided a material issue in the same proceeding, see Youghiogheny & Ohio Coal Co. v. Milliken, 200 F.3d at 950 (referring to it also as the “mandate” rule), here, where no appellate tribunal’s decision has foreclosed modification and where the second ALJ possessed both the power and the duty under § 922 and 20 C.F.R. § 725.310 to conduct de novo review of all the facts in order to determine whether a mistake of fact had been made, the law of the case doctrine, or its kindred res judicata, has no place. See Banks v. Chicago Grain Trimmers Ass’n, 390 U.S. 459, 461-65, 88 S.Ct. 1140, 20 L.Ed.2d 30 (1968) (the provision for modification in § 922 displaces res judicata for modification requests filed within one year of denial); see also Betty B Coal Co.,

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59 F. App'x 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-county-coal-corp-v-menser-ca6-2003.