West Virginia CWP Fund v. Director, Office of Workers' Compensation Programs, United States Department of Labor

880 F.3d 691
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 26, 2018
Docket16-2453
StatusPublished
Cited by22 cases

This text of 880 F.3d 691 (West Virginia CWP Fund v. Director, Office of Workers' Compensation Programs, United States Department of Labor) 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
West Virginia CWP Fund v. Director, Office of Workers' Compensation Programs, United States Department of Labor, 880 F.3d 691 (4th Cir. 2018).

Opinion

Petition for review denied by published opinion. Judge Harris wrote the opinion, in which Judge Keenan and Judge Diaz joined.

PAMELA HARRIS, Circuit Judge:

Petitioner West Virginia Coal Workers’ Pneumoconiosis Fund seeks review of a decision awarding black-lung benefits to former coal miner Lonnie A. Smith. An administrative law judge (“ALJ”) found that Smith was entitled to benefits under the “fifteen-year presumption” of the Black Lung Benefits Act: Because Smith had developed a totally disabling respiratory impairment after working in underground coal mines for over fifteen years, it could be presumed that he suffers' .from pneumoconiosis arising from his coal-mine employment; and because Smith’s employer could not rebut that presumption, Smith was eligible for benefits.

The Fund argues that Smith is not entitled to compensation under the Act because no doetor has affirmatively diagnosed him with pneumoconiosis. But that is not how presumptions work. The fifteen-year presumption is expressly intended to relieve certain miners of the “often insurmountable burden” of proving the existence of pneumoconiosis, shifting to the employer the burden of showing that a long-term miner with a disabling respiratory impairment does not in fact suffer from pneumoconiosis. Hobet Mining, LLC v. Epling, 783 F.3d 498 , 501-02 (4th Cir. 2015). Because the ALJ’s determination that Smith’s employer could not make that showing is supported by substantial evidence and consistent with law, we deny the petition for review.

I.

A.

The Black Lung Benefits Act, 30 U.S.C. §§ 901-44 , provides benefits to “coal miners who are totally disabled due to pneu-moconiosis,” commonly known as black lung disease. 30 U.S.C. § 901 (a). In the medical community, pneumoconiosis describes conditions in which the lungs develop a “fibrotic reaction” to coal dust lodged permanently within them. See 20 C.F.R. § 718.201 (a)(1). The statutory definition of “pneumoconiosis” is broader, reaching not only so-called “clinical.pneumoconiosis” but also “legal pneumoconiosis,” or “any chronic lung disease or impairment,... arising out of coal mine employment.” Id. § 718.201(a)(2); see 30 U.S.C. § 902 (b)..

*695 Generally, a miner must prove entitlement to benefits, under the Act with medical evidence showing both that “he has pneumoconiosis arising from coal mine employment” and that this disease is a “substantially contributing cause of [a] totally disabling respiratory or pulmonary impairment.” Epling, 783 F.3d at 501 . But for certain miners, Congress has made it easier to establish eligibility for benefits. Id. A claimant who has spent at least fifteen years working in underground coal mines and suffers from a “totally disabling respiratory or pulmonary impairment,” 30 U.S.C. § 921 (c)(4), may rely on the Act’s “fifteen-year presumption,” under which “we presume both prongs of the showing required for benefits eligibility: that the claimant has pneumoconiosis arising from coal mine employment, and that this disease is a substantially contributing cause of his . disability.” Epling, 783 F.3d at 502 .

Once the presumption is triggered, the burden shifts to the employer to demonstrate that the miner is not in fact eligible for benefits. As relevant here, the employer may rebut the fifteen-year presumption by establishing that the claimant does not have pneumoconiosis “arising out of coal mine employment.” 20 C.F.R. § 718 ,305(d)(l)(i); see Epling, 783 F.3d at 502 . Under the governing regulations, a lung disease, or impairment “aris[es] out of coal mine employment” if it is “significantly related to, or substantially aggravated by” coal dust exposure. 20 C.F.R. § 718.201 (b), Thus, to satisfy this standard for rebuttal—known as “pneumoconiosis rebuttal”-—an employer must prove the obverse: that the miner’s impairment is not “significantly related to, or substantially aggravated by,” the fifteen years or more he has spent in coal mines. If an employer cannot make this showing (or otherwise rebut the fifteen-year presumption), 1 then benefits must be granted.

B.

Lonnie Smith was a coal miner for at least thirty-one years. In 2003, he retired because shortness of breath and-other ailments were impairing his ability, to complete the heavy manual labor demanded by his job in the mine warehouse. At that time, Smith was working.for Mountaineer Coal Development, doing business as Mar-rowbone Development. 2 Smith filed his claim for black lung benefits in November 2010. After the district director issued a proposed decision denying his claim, Smith requested a formal hearing in front of an ALJ.

Smith provided the sole testimony at the hearing, although three different doctors had evaluated him in relation to his claim. The Department of Labor proffered a

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Bluebook (online)
880 F.3d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-virginia-cwp-fund-v-director-office-of-workers-compensation-ca4-2018.