Harman Mining Co. v. Director, Office of Workers' Compensation Programs
678 F.3d 305
| 4th Cir. | 2012Background
- Looney, a coal miner, developed COPD; legal pneumoconiosis includes COPD arising from coal dust exposure.
- Regulations after 2000 distinguish clinical vs legal pneumoconiosis; legal includes obstructive disease arising from coal mine employment.
- ALJ repeatedly awarded Looney black lung benefits payable by Harman; Board and Harman challenged key findings.
- Harman challenged whether COPD arose from mining or solely from cigarette smoking and sought modification.
- ALJ credited Forehand/Robinette that Looney’s COPD arose from dust exposure plus smoking; discredited Fino/Sargent/Hippensteel opinions.
- This appeal centers on whether substantial evidence supports the ALJ’s legal pneumoconiosis ruling and APA compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does COPD arise, at least partly, from coal mine employment? | Looney’s COPD is legally pneumoconiosis. | COPD due to smoking only. | Yes; COPD can be legal pneumoconiosis arising from mining. |
| Did ALJ properly weigh conflicting medical opinions? | Forehand/Robinette should prevail over Fino/Sargent/Hippensteel. | All opinions should be equally considered. | ALJ properly weighed evidence; preferred well-reasoned Forehand/Robinette. |
| Was APA and preamble usage properly applied and record complete? | Preamble reliance violates APA and unrecorded documents? | Preamble use permissible as explanatory, not controlling rule. | APA compliance upheld; preamble properly referenced as explanatory. |
Key Cases Cited
- Clinchfield Coal Co. v. Fuller, 180 F.3d 622 (4th Cir.1999) (recognizes two forms of pneumoconiosis; legal scope includes COPD)
- Hobbs v. Clinchfield Coal Co., 45 F.3d 819 (4th Cir.1995) (recognizes legal pneumoconiosis includes obstructive disease)
- Warth v. S. Ohio Coal Co., 60 F.3d 173 (4th Cir.1995) (supports COPD as pneumoconiosis under regulations)
- Stiltner v. Island Creek Coal Co., 86 F.3d 337 (4th Cir.1996) (proper weight to conflicting medical opinions)
- Compton v. Island Creek Coal Co., 211 F.3d 203 (4th Cir.2000) (scope of substantial evidence review and credibility of medical opinions)
- Lane Hollow Coal Co. v. Dir., O.W.C.P., 137 F.3d 799 (4th Cir.1998) (APA findings and explanation sufficiency)
- Piney Mountain Coal Co. v. Mays, 176 F.3d 753 (4th Cir.1999) (APA requirement of explanation not pedantry)
- Consolidation Coal Co. v. Dir., O.W.C.P., 521 F.3d 723 (7th Cir.2008) (trust in preamble aiding credibility assessment)
- Home Concrete & Supply, LLC v. United States, 634 F.3d 249 (4th Cir.2011) (preamble context; not controlling where inconsistent with statute)