Westmoreland Coal Company v. Jarrell Cochran

718 F.3d 319, 2013 WL 2418396, 2013 U.S. App. LEXIS 11177
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 4, 2013
Docket11-1839
StatusPublished
Cited by72 cases

This text of 718 F.3d 319 (Westmoreland Coal Company v. Jarrell Cochran) 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. Jarrell Cochran, 718 F.3d 319, 2013 WL 2418396, 2013 U.S. App. LEXIS 11177 (4th Cir. 2013).

Opinions

Petition for review denied by published opinion. Judge WYNN wrote the majority opinion, in which Judge MOTZ joined. Chief Judge TRAXLER wrote a dissenting opinion.

WYNN, Circuit Judge:

Westmoreland Coal Company, Inc. challenges an Administrative Law Judge’s (“ALJ”) decision, affirmed by the Benefits Review Board (the “Board”), to award black lung benefits to Westmoreland’s former employee, Jarrell Cochran. Because the award of benefits is supported by the record and accords with applicable law, we must deny Westmoreland’s petition for review.

I.

The Black Lung Benefits Act (the “Act”), 30 U.S.C. § 901 et seq., entitles former coal miners totally disabled by pneumoconiosis — commonly called black lung disease — to benefits. The Act’s implementing regulations define “pneumoco-niosis” as “a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.” 20 C.F.R. § 718.201(a).

“[Pjneumoconiosis can take two forms”: “clinical” pneumoconiosis and “legal” pneu-moconiosis. Harman Min. Co. v. Dir., Office of Workers’ Comp. Programs, 678 F.3d 305, 308 (4th Cir.2012). “Clinical” pneumoconiosis “consists of those diseases recognized by the medical community as pneumoconioses, i.e., the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fibrotic reaction of the lung tissue to that deposition caused by [321]*321dust exposure in coal mine employment.” 20 C.F.R. § 718.201(a)(1). “Legal” pneu-moconiosis is “significantly broader than the medical definition,” Hobbs v. Clinch-field, Coal Co., 45 F.3d 819, 821 (4th Cir. 1995), and includes “any chronic lung disease or impairment ... arising out of coal mine employment ... including] ... any chronic restrictive or obstructive pulmonary disease,” 20 C.F.R. § 718.201(a)(2). For purposes of the Act, “arising out of coal mine employment” means “significantly related to, or substantially aggravated by, dust exposure in coal mine employment.” 20 C.F.R. § 718.201(b).

A claimant under the Act can establish pneumoconiosis with the aid of a regulatory presumption of pneumoconiosis, id. § 718.305(a), or with evidence including x-rays, biopsies, and medical opinions from physicians “exercising sound medical judgment, notwithstanding a negative X-ray,” id. § 718.202. “[T]o determine whether a preponderance of all of the evidence establishes the existence of pneumoconiosis,” ALJs must consider all the relevant evidence together. Island Creek Coal Co. v. Compton, 211 F.3d 203, 208 (4th Cir.2000).

II.

For at least sixteen years between 1964 and 1995, Cochran worked in West Virginia coal mines, most recently for West-moreland. At the mines, Cochran had various jobs — above and below ground— working as a roof bolter, mechanic, shuttle car operator, general laborer, and truck driver. Cochran also has a history of smoking, approximately one pack of cigarettes per week for twenty years.

In February 2008, Cochran filed this claim for black lung benefits.1 The Department of Labor awarded benefits, payable by Westmoreland, and Westmoreland requested a formal hearing before an ALJ.

In November 2009, the ALJ conducted a hearing on Cochran’s claim. And in May 2010, the ALJ issued a detailed decision awarding Cochran benefits. The ALJ found that the evidence failed to establish that Cochran suffers from clinical pneumo-coniosis but did establish that Cochran suffers from legal pneumoconiosis. Regarding this legal pneumoconiosis finding, the ALJ chose to credit Dr. D.L. Rasmussen’s medical opinion over the opinions of Dr. George L. Zaldivar and Dr. Kirk E. Hippensteel, explaining that the latter two “primarily concentrated on explaining why ... the miner did not suffer from clinical pneumoconiosis” — which does not preclude legal pneumoconiosis — and that their conclusions were “inconsistent with the scientific evidence set forth” in the Preamble of the Act’s implementing regulations.2 J.A. 379. Further, the ALJ found that Cochran is totally disabled as a result of his pneumoconiosis, and thus awarded Cochran black lung benefits.

Westmoreland appealed to the Board, and in June 2011, the Board concluded that the ALJ permissibly used the Preamble to evaluate conflicting medical opinions about the cause of Cochran’s disability and that substantial evidence supported the ALJ’s ultimate finding of legal pneumoco-niosis.3 Accordingly, the Board affirmed the ALJ’s decision and order awarding [322]*322benefits. Westmoreland now petitions this Court for review.

III.

In black lung benefits cases, this Court’s “review of the Board’s order is limited.” Harman, 678 F.3d at 310 (internal quotations omitted). We review “whether substantial evidence” — i.e., “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion!),]” Consolid. Edison Co. of N.Y. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)—“supports the factual findings of the ALJ and whether the legal conclusions of the [Board] and ALJ are rational and consistent with applicable law,” Harman, 678 F.3d at 310 (internal quotations omitted). “As long as substantial evidence supports an ALJ’s findings, ‘[w]e must sustain the ALJ’s decision, even if we disagree with it.’ ” Id. (quoting Smith v. Chater, 99 F.3d 635, 637-38 (4th Cir.1996)). We are not at liberty to “substitute our judgment for that of the ALJ” but rather must “defer to the ALJ’s evaluation of the proper weight to accord” the evidence, including “conflicting medical opinions.” Id. (quotation marks omitted).

On appeal, Westmoreland argues that: (1) the evidence derived from Dr. Rasmussen’s testimony was insufficient to support the ALJ’s finding of legal pneumoconiosis; (2) the ALJ failed to consider all the relevant evidence by improperly discounting certain expert opinions; and (3) the ALJ erroneously interpreted the Preamble to create an irrebuttable presumption of pneumoconiosis. We address each argument in turn.

IV.

A.

We turn first to Westmoreland’s contention that Dr. Rasmussen’s testimony was insufficient to support the ALJ’s finding of legal pneumoconiosis. Specifically, Westmoreland compares Dr.

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718 F.3d 319, 2013 WL 2418396, 2013 U.S. App. LEXIS 11177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westmoreland-coal-company-v-jarrell-cochran-ca4-2013.