Elkay Mining Company v. Hazel Smith
712 F. App'x 222
| 4th Cir. | 2017Background
- Miner Edward W. Smith worked at least 34 years in underground coal mining, was a longtime smoker, and died in July 2009 after hospitalizations that culminated in pulmonary edema and congestive heart failure.
- Death certificate listed congestive heart failure, hypertension, and coronary artery disease as primary causes; emphysema/COPD (linked by some physicians to pneumoconiosis) were listed as contributory.
- Widow Hazel C. Smith applied for survivorship benefits under the Black Lung Benefits Act; ALJ found she invoked the irrebuttable presumption that the miner died from complicated pneumoconiosis.
- Key medical evidence: a June 24, 2009 digital chest x-ray read by Dr. Thomas Miller as positive for complicated pneumoconiosis (large opacities) and read by Dr. William Scott as showing only congestion/pulmonary edema and noting that CHF could mask opacities.
- Earlier treatment records (2006, 2008) contained x-ray findings noting a 1.1 cm nodule and "probable occupational pneumoconiosis," which ALJ used to corroborate progression to complicated pneumoconiosis.
- ALJ credited Dr. Miller over Dr. Scott, discounted Elkay’s experts (Drs. Castle and Basheda) because they did not review the 2009 x-ray readings, and awarded survivorship benefits; Benefits Review Board affirmed. Fourth Circuit denied Elkay’s petition for review, finding substantial evidence supported the ALJ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ permissibly credited Dr. Miller’s 2009 x-ray reading over Dr. Scott’s | Miller’s unequivocal reading shows complicated pneumoconiosis; corroborated by prior x-rays showing progression | Scott’s reading shows no pneumoconiosis and explains opacities could be masked by CHF/pulmonary edema; ALJ cherry-picked records | ALJ reasonably credited Miller: corroboration from 2006/2008 readings, disease is progressive, and Scott’s opinion was ambivalent; substantial evidence supports crediting Miller |
| Whether ALJ erred by not discussing all non‑positive x‑ray readings | ALJ selectively relied on favorable records and failed to address contrary readings adequately | Many non‑positive readings were inconclusive or did not rule out pneumoconiosis; ALJ need not catalog every ambiguous entry | No error: ALJ reviewed treatment records, discussed key corroborating readings, and need only provide a sufficient (not exhaustive) explanation |
| Whether ALJ properly discounted Elkay’s medical opinions (Castle, Basheda) | Their opinions concluded no complicated pneumoconiosis | These experts did not review the probative 2009 x‑ray/readings and thus their conclusions are less persuasive | ALJ permissibly gave little weight to those opinions for failing to consider highly probative contrary evidence |
| Whether digital 2009 x‑ray could trigger irrebuttable presumption under prong (c) | Miller’s digital x‑ray reading can establish complicated pneumoconiosis by "other means" under prong (c) despite pre‑2014 digital/film rule | Defendant implicitly contests sufficiency and probative value of digital reading given competing interpretations | Court accepted that digital x‑ray/readings may support prong (c); ALJ’s prong (c) finding was supported by substantial evidence |
Key Cases Cited
- Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976) (describing complicated pneumoconiosis/progressive massive fibrosis)
- Scarbro (E. Associated Coal Corp. v. Dir., OWCP), 220 F.3d 250 (4th Cir. 2000) (requires equivalency determinations among diagnostic prongs and treats x‑ray prong as benchmark)
- Westmoreland Coal Co. v. Cox, 602 F.3d 276 (4th Cir. 2010) (irrebuttable presumption under § 718.304 can establish both disease and death causation)
- Double B Mining, Inc. v. Blankenship, 177 F.3d 240 (4th Cir. 1999) (ALJ must perform equivalency analysis across diagnostic methods)
- Harman Mining Co. v. Dir., OWCP, 678 F.3d 305 (4th Cir. 2012) (ALJ may discount medical opinion that fails to consider most recent probative x‑ray)
- Island Creek Coal Co. v. Compton, 211 F.3d 203 (4th Cir. 2000) (medical opinions that ignore probative objective evidence may be less persuasive)
- Sea “B” Mining Co. v. Addison, 831 F.3d 244 (4th Cir. 2016) (defines substantial evidence standard in this context)
- Hobet Mining, LLC v. Epling, 783 F.3d 498 (4th Cir. 2015) (factfinding and weighing medical evidence are ALJ’s province)
- Lane Hollow Coal Co. v. Dir., OWCP, 137 F.3d 799 (4th Cir. 1998) (ALJ explanation need not be exhaustive)
- Mingo Logan Coal Co. v. Owens, 724 F.3d 550 (4th Cir. 2013) (ALJ must sufficiently explain rationale for crediting evidence)