Aberry Coal, Inc. v. Joseph Fleming
847 F.3d 310
| 6th Cir. | 2017Background
- Claimant Joseph Fleming, a former coal miner with sporadic employment (25 employers from 1970–1991), applied for Black Lung Benefits in July 2010.
- The DOL initially found Fleming had 9.25 years of coal-mine employment and pneumoconiosis; Aberry Coal was designated responsible.
- After a hearing, the ALJ credited Fleming’s testimony over earnings records and found at least 15 years of coal-mine employment (ultimately 16.5 years), invoking the BLBA total-disability presumption and awarding benefits.
- The Benefits Review Board remanded once for clarification; the ALJ issued a second decision again awarding benefits, and the Board affirmed.
- On review, the district judge held the ALJ’s calculations lacked required explanation, failed to apply the regulatory 125-working-days-per-year standard, and double-counted/overlapped years contrary to the record.
- The court concluded the hearing evidence could not support a finding of 15+ years and reversed the Board’s award, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports ALJ finding of ≥15 years of coal-mine employment | Fleming: ALJ properly credited his testimony and inferred unrecorded (under-the-table) work to reach 15+ years | Aberry: Earnings records (SSER) and gaps contradict lengthy employment; ALJ double-counted years and failed to justify credits | Reversed — ALJ’s finding not supported by substantial evidence; remand for further proceedings |
| Whether ALJ applied the regulatory 125-working-day rule for counting a "year" | Fleming: ALJ’s credibility findings justify counting years despite low reported earnings | Aberry: ALJ failed to apply 20 C.F.R. § 725.101(32) requirement to show 125 working days per year or equivalent | Reversed — ALJ made no showing that 125-day threshold was met and did not apply the regulation |
| Whether ALJ permissibly resolved conflicts between claimant testimony and SSER | Fleming: Crediting claimant’s testimony was reasonable given credibility finding | Aberry: ALJ did not explain how inconsistencies were reconciled or why documentary records were discredited | Reversed — ALJ failed to explain how he resolved material discrepancies in the record |
| Whether ALJ improperly credited overlapping/partial years (double counting) | Fleming: Testimony supports year credits across employers | Aberry: ALJ counted multiple employers in same calendar years, violating rule that more than 125 days in a year does not create multiple years | Reversed — ALJ’s method allowed multiple year credits for same calendar periods and lacked necessary calculation/clarity |
Key Cases Cited
- Jericol Mining, Inc. v. Napier, 301 F.3d 703 (6th Cir. 2002) (appellate review limited to whether substantial evidence supports ALJ conclusions)
- Peabody Coal Co. v. Hill, 123 F.3d 412 (6th Cir. 1997) (ALJ must adequately explain reasons for crediting testimony over other evidence)
- Director, OWCP v. Congleton, 743 F.2d 428 (6th Cir. 1984) (same standard for explaining crediting of evidence under administrative review)