Central Ohio Coal Co. v. Director, Office of Workers' Compensation Programs
2014 U.S. App. LEXIS 15185
| 6th Cir. | 2014Background
- Sterling, a former coal miner, has COPD attributed to coal-dust exposure and cigarette smoking.
- He spent at least 23 years in the coal industry, mostly aboveground work including bulldozing and overburden removal.
- Sterling stopped mining in 1999 and began using an oxygen tank in 1995; his physicians linked COPD to dust and smoking.
- Sterling filed a claim for black-lung benefits in October 2006; an ALJ held a hearing in June 2011.
- The ALJ found Sterling eligible for benefits, applying the statutory presumption of pneumoconiosis and weighing medical opinions.
- The Benefits Review Board affirmed; Central Ohio Coal Company challenged the decision in federal court, with venue properly transferred to the Sixth Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly applied the statutory presumption | Sterling satisfied exposure requirements; ALJ correctly applied the presumption. | Central Ohio argues the presumption was misapplied or improperly reviewed. | The presumption was properly applied; Central Ohio bears burden after invocation. |
| Whether the ALJ properly discounted medical opinions disputing pneumoconiosis | Diaz and Forrestal opinions support legal pneumoconiosis; other experts flawed or inconsistent. | The ALJ erred in crediting Rosenberg and Grodner against the DOL. position. | Yes; ALJ was entitled to discredit conflicting opinions and rely on Diaz/Forrestal. |
| Whether the ALJ adequately explained the smoking-history resolution | ALJ acknowledged conflicting evidence but provided insufficient rationale. | Remand unnecessary; the record supports the deduction of pack-years. | The error was harmless; substantial evidence supports the smoking history used. |
Key Cases Cited
- Harman Mining Co. v. Dir. of OWCP, 678 F.3d 305 (6th Cir. 2012) (ALJ may rely on regulatory preambles; credibility matters guided by agency position)
- A&E Coal Co. v. Adams, 694 F.3d 798 (6th Cir. 2012) (ALJ may consider regulatory preamble in evaluating medical testimony)
- Cornett v. Benham Coal, Inc., 227 F.3d 569 (6th Cir. 2000) (opinion can establish legal pneumoconiosis even where coal-dust is not sole cause)
- Antelope Coal Co./Rio Tinto Energy Am. v. Goodin, 743 F.3d 1331 (10th Cir. 2014) (recognizes substantial-similarity regulation interpretation applying to pending cases)
- Greene v. King James Coal Mining, Inc., 575 F.3d 628 (6th Cir. 2009) (establishes standard for reviewing ALJ findings for substantial evidence)
- Midland Coal Co. v. Dir. of OWCP, 358 F.3d 486 (7th Cir. 2004) (addressed substantial-similarity framework for aboveground mine dust exposure)