Big Branch Resources, Inc. v. John Ogle
2013 U.S. App. LEXIS 24932
| 6th Cir. | 2013Background
- Ogle, born 1954, worked 21 years in underground coal mines, last in 1996 in Kentucky.
- He is a long-time smoker; claim for federal black lung benefits filed November 5, 2007.
- ALJ held a hearing May 5, 2009 and issued a decision awarding benefits December 8, 2011.
- PPACA 2010 reinstated a fifteen-year rebuttable presumption that a miner with total disability is disabled due to pneumoconiosis, applying to claims pending at enactment.
- Fund challenged the ALJ’s application of the presumption and the standard for rebutting disability causation; Board affirmed the ALJ.
- This court denied the Fund’s petition for review, finding no reversible error and substantial evidence supports the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did ALJ properly permit rebuttal of the fifteen-year presumption? | Ogle contends Fund was not improperly restricted. | Fund argues ALJ limited rebuttal to two methods only. | No error; rebuttal methods properly identified and applied. |
| Was the correct standard used to rebut disability causation? | Fund argues a “contributing cause” standard applies. | Ogle maintains the rule-out standard governs rebuttal. | ALJ's rule-out standard is correct; no improper standard applied. |
| Did ALJ properly weigh conflicting medical opinions on pneumoconiosis and causation? | Fund asserts certain opinions were adequately reasoned and should not be discounted. | Ogle asserts others relied on improper factors and should be credited. | Yes; ALJ's credibility determinations are supported by substantial evidence. |
| Did ALJ correctly discredit Jarboe and Castle for reliance on negative x-ray findings? | Fund argues these opinions were adequately explained. | Ogle argues ALJ properly discounted reliance on negative imaging inconsistent with preamble. | Yes; ALJ properly limited weight given to x-ray-based conclusions. |
Key Cases Cited
- Morrison v. Tenn. Consol. Coal Co., 644 F.3d 473 (6th Cir. 2011) (rebuttal of the fifteen-year presumption under § 921(c)(4))
- A & E Coal Co. v. Adams, 694 F.3d 798 (6th Cir. 2012) (regulatory preamble and credibility in assessing medical opinions)
- Gibas v. Saginaw Mining Co., 748 F.2d 1112 (6th Cir. 1984) (interpretation of ‘contributing cause’ vs. ‘play no part’ standard)
- Rowe v. Dir., OWCP, 710 F.2d 251 (6th Cir. 1983) (credibility and weighing of medical opinions)
- Ramey v. Kentland Elkhorn Coal Corp., 755 F.2d 485 (6th Cir. 1985) (standard for appellate review of ALJ findings under substantial evidence)
- Kirk v. Tenn. Consol. Coal Co., 264 F.3d 602 (6th Cir. 2001) (standard of review for ALJ's legal conclusions and weight of evidence)
- Bethlehem Mines Corp. v. Massey, 736 F.2d 120 (4th Cir. 1984) (discussion of rebuttal standards under BLBA regulations)
- Tennessee Consol. Coal Co. v. Crisp, 866 F.2d 179 (6th Cir. 1989) (discusses ‘contributing cause’ interpretation under similar regulation)
- Stiltner v. Island Creek Coal Co., 86 F.3d 337 (4th Cir. 1996) (rebuttal standard for disability causation under BLBA framework)
- Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (Supreme Court 1976) (private employer rebuttal rights under BLBA contextualized)