Hobet Mining, LLC v. Carl Epling, Jr., 2015 U.S. App. LEXIS 6340

Carl R. Epling, a former underground coal miner with over 21 years of work, filed a black lung claim alleging a totally disabling respiratory impairment.
The ALJ applied the statutory 15-year presumption (30 U.S.C. § 921(c)(4)) restored in 2010, presuming both pneumoconiosis from coal-mine employment and that it substantially contributed to Epling’s disability.
The ALJ found Epling has pneumoconiosis arising from coal-mine employment (uncontested on appeal) and that Hobet failed to rebut the presumption that pneumoconiosis caused the disability.
Hobet relied primarily on Dr. Kirk Hippensteel’s opinions to rebut causation; Hippensteel initially (2008–2011) did not diagnose pneumoconiosis and attributed impairment to obesity and sleep apnea, and later (2012) diagnosed pneumoconiosis but did not revise his causation analysis.
The ALJ gave Hippensteel’s causation opinion little weight because (1) Hippensteel initially failed to diagnose pneumoconiosis contrary to the ALJ’s finding, and (2) Hippensteel’s view that pneumoconiosis would be unlikely so long after employment contradicted the accepted latent and progressive nature of coal workers’ pneumoconiosis.
The Benefits Review Board affirmed; the Fourth Circuit denied Hobet’s petition for review, holding the ALJ’s credibility findings were supported by substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ and Board properly discredited Dr. Hippensteel’s opinion that pneumoconiosis did not cause Epling’s disability	Hippensteel maintained his causation conclusion would remain even if Epling had pneumoconiosis; thus his opinion should be credited	ALJ and Board argued Hippensteel’s causation opinion was tied to his erroneous non-diagnosis and lacked an independent, reasoned alternative analysis	Court held ALJ and Board properly gave Hippensteel’s causation opinion little weight; substantial evidence supported discounting it because it rested on a misdiagnosis and lacked a specific, persuasive independent analysis
Whether rebuttal must meet the rule-out standard of 20 C.F.R. § 718.305(d)(1)	Hobet contended the rule-out standard is too strict and inconsistent with the Act’s "substantially contributing" language	ALJ applied the rule-out standard; Court noted prior Fourth Circuit decision addressed and rejected the challenge	Court avoided resolving the statutory challenge because Hippensteel’s evidence failed under either standard; referenced precedent rejecting the challenge

Mingo Logan Coal Co. v. Owens, 724 F.3d 550 (4th Cir.) (elements of entitlement and causation under the Act)
Broyles v. Dir., Office of Workers’ Comp. Programs, 824 F.2d 327 (4th Cir. 1987) (Congress created evidentiary presumptions to aid miners)
Scott v. Mason Coal Co., 289 F.3d 263 (4th Cir. 2002) (discrediting causation opinions premised on erroneous non-diagnosis of pneumoconiosis)
Toler v. E. Associated Coal Co., 43 F.3d 109 (4th Cir. 1995) (ALJ may not credit causation opinions that rest on mistaken non-diagnosis absent specific and persuasive reasons)
Grigg v. Dir., Office of Workers’ Comp. Programs, 28 F.3d 416 (4th Cir. 1994) (opinions failing to diagnose pneumoconiosis are entitled to little weight)
Soubik v. Dir., Office of Workers’ Comp. Programs, 366 F.3d 226 (3d Cir.) (difficult to assess pneumoconiosis causation when doctor does not believe disease is present)
Harman Mining Co. v. Dir., Office of Workers’ Comp. Programs, 678 F.3d 305 (4th Cir.) (appellate standard: substantial evidence and deference to ALJ credibility determinations)
Island Creek Coal Co. v. Compton, 211 F.3d 203 (4th Cir.) (experts may offer alternative causation analyses but must provide reasoned explanations)
Stiltner v. Island Creek Coal Co., 86 F.3d 337 (4th Cir.) (ALJ’s role in weighing conflicting medical opinions)
Rose v. Clinchfield Coal Co., 614 F.2d 936 (4th Cir.) (operator may rebut presumption by showing no part of disability was caused by pneumoconiosis)