Westmoreland Coal Company v. Herskel Stallard

876 F.3d 663
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 29, 2017
Docket16-1460
StatusPublished
Cited by27 cases

This text of 876 F.3d 663 (Westmoreland Coal Company v. Herskel Stallard) 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
Westmoreland Coal Company v. Herskel Stallard, 876 F.3d 663 (4th Cir. 2017).

Opinion

Petition denied by published opinion. Judge Wynn wrote the opinion, in which Judges Keenan and Gibney joined.

WYNN, Circuit Judge:

Petitioner Westmoreland Coal Company challenges a final decision and order, by the U.S. Department of Labor Benefits Review Board (the “Board”) granting -federal disability .benefits to Respondent Herskel Stallard, a retired coal miner, under the Black Lung Benefits Act (the “Black Lung Act”), 30 U.S.C. § 901 et seq. The Board affirmed a decision by the Administrative Law Judge (“ALJ”) concluding that Stallard timely brought his claim and that Westmoreland failed to rebut the statutory • presumption that Stallard was entitled- to benefits. Because substantial evidence supports the award of benefits and the award accords with applicable law, we deny Westmoreland’s petition for review.

I.

A.

Herskel Stallard worked as a coal miner throughout much of his adult life. In total, Stallard’s career included, more than thirty years of mining employment either underground or in -conditions that were substantially . 'similar .to underground .mines. Throughout much of this time, Stallard also smoked cigarettes. In particular, he testified that on workdays he smoked “one cigarette, maybe two”—and as much as half a pack per day otherwise—for thirty-nine years before quitting in 1993. J.A. 450.

Near the end of Stallard’s career, several physicians advised him not to return to work due to breathing difficulties, in particular, around 1990 Dr. Charles P. Maine told Stallard that he had black lung disease that was “not real severe” but would continue progressing the longer he worked in the mines. Id. at 447. Several years later, in March 1993, Stallard experienced carbon monoxide poisoning while working in a Westmoreland machine shop. Upon seeking treatment' for the poisoning, two other physicians—Drs. Estocino and Dor-man—each advised him not to return to work due to breathing difficulties. Dr, Es-tocino determined that the carbon rrionox-ide poisoning would dissipate, but nonetheless advised Stallard to stop working in the mines to prevent further damage to his lungs. Dr. Dorman told Stallard that he was “permanently disabled” as a result of his impaired respiratory function. Id. at 448. Soon thereafter, on Dr, Dorman’s advice, Stallard retired from the coal industry.

- Nearly twenty years later, on March 22, 2011, Stallard filed a claim for Black Lung Act benefits. In connection with this claim, three physicians examined Stallard—Drs. Ronald Jay Klayton, James Gallai, and David M. Rosenberg, A fourth doctor, Dr. George ■ L, Zaldivar, provided a medical opinion without conducting his own examination. Drs, Klayton and Gallai diagnosed Stallard with black lung disease. 1 Although Dr. Gallai opined that exposure, to coal dust caused Stallard’s condition, Dr. Klay-ton said that he could-not “quantitate the relative contributions” of Stallard’s exposure- to coal dust and cigarette smoke in reaching his diagnosis. Id. at 223,

By contrast, Drs. Rosenberg and Zaldi-var diagnosed Stallard not with black lung disease, but instead with severe chronic obstructive pulmonary disease (“CÓPD”). Based on his review of Stallard’s treatment history, as well as his suspicion that Stallard' concealed the true extent of his smoking habit, Dr. Rosenberg concluded that cigarette smoke was the “sole culprit” responsible for Stallard’s breathing difficulties. Id. at 406. Similarly, Dr. Zaldivar testified that Stallard did not have black lung disease, attributing his severe lung impairment tó a lifetime of asthma and smoking.

B.

On July 10, 2014, the ALJ presiding over Stallard’s claim conducted a hearing to consider the medical and other evidence regarding Stallard’s eligibility for Black Lung Act benefits. In addition to Stallard’s live testimony at the hearing, the ALJ considered various exhibits, including transcripts of the depositions of Drs. Rosenberg and Zaldivar. ■ ,

Roughly six months later, the ALJ issued a decision and order granting Stal-lard Black Lung Act benefits.' The ALJ first found Stallard’s claim timely filed. 30 U.S.C. § 932(f); see also 20 C.F.R. § 725.308(a). Next, in light of Stallard’s long career in the mining industry, the ALJ applied a statutory presumption that Stallard’s work in the mines caused or substantially contributed to any disabling lung disease he experienced. 30 U.S.C. § 921(c)(4); see also 20 C.F.R. § 718.305(b). The ALJ then concluded that: (1) the medical evidence demonstrated that Stallard suffered from a disabling lung disease; and (2) Westmoreland failed to rebut the • statutory presumption that Stallard’s disease was caused by exposure to coal dust. Accordingly, the ALJ determined that Stallard was.entitled to benefits under the Black Lung Act and found Westmoreland liable for those benefits as of March 1, 2011.

The Board affirmed the ALJ’s decision on February 24, 2016, As to timeliness, the Board upheld the ALJ’s finding that the medical advice Stallard received in the early 1990s did not put him on notice that he was totally disabled due to black lung disease. Likewise, the Board agreed that substantial evidence supported the ALJ’s conclusion that the opinions of Drs. Rosenberg and Zaldivar were insufficient to rebut the presumption that Stallard’s chronic lung disease was caused by his long-term exposure to coal dust. Westmoreland timely petitioned this Court for. review.

II.

The Black Lung Act provides disability benefits to former coal miners suffering irom black lung disease (known medically as “pneumoconiosis”). 30 U.S.C. § 901(a). To be eligible for such-.benefits, miners must demonstrate that: (1) they have black lung disease; (2) the disease arose, out of coal mine employment; (3) they are totally disabled; and (4) their black lung disease contributes to that total disability. 20 C.F.R. § 725.202(d).

Under applicable Department of Labor (“Labor Department”) regulations, black lung disease is defined as “a chronic dust disease- of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.” Id. § 718.201(a). The disease manifests in two forms: (1) “clinical” black lung disease, which includes a number of specific diagnoses associated with the accumulation of particulate matter in the lungs; and (2) “legal” black lung disease, which is defined as “any chronic lung disease or impairment and its sequelae arising out' of coal mine employment.” Id. § 718.201(a)(l)-(2).

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876 F.3d 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westmoreland-coal-company-v-herskel-stallard-ca4-2017.