915 F.3d 392
6th Cir.2019Background
- Miner Tramble Shepherd worked in Kentucky coal mines (at least May 1963–June 1985); he died in July 2008. His widow, Imogene Shepherd, filed for survivor benefits under the Black Lung Benefits Act (BLBA).
- The ACA (2010) reinstated a rebuttable 15‑year presumption that a miner’s death was due to pneumoconiosis if the miner worked 15+ years underground (or substantially similar conditions) and had a totally disabling respiratory impairment. Application of that presumption turned on whether Shepherd had 15 years of qualifying coal‑mine employment.
- An ALJ initially credited the miner with 15.25 years (invoking the presumption) and awarded survivor benefits; the BRB remanded for clarification about how the ALJ calculated years. On remand the ALJ recalculated and first found 13.08 years, then after claimant’s motion found 15.07 years and again awarded benefits.
- The BRB later reduced credited time based on the miner’s own employment dates (finding certain quarters overstated) and held Shepherd had only 14.75 years; because claimant did not otherwise prove pneumoconiosis causation, the BRB reversed the benefits award.
- The Sixth Circuit held both the ALJ and the BRB failed to consider all probative evidence (notably the claimant’s contrary account of her husband’s employment dates) and misapplied/calculated under 20 C.F.R. § 725.101(a)(32); the case was remanded for the ALJ to weigh all relevant evidence and to apply every option in the regulation when calculating years of employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper method to calculate a miner’s qualifying "years" of coal‑mine employment under 20 C.F.R. § 725.101(a)(32) | Shepherd: ALJ should consider all methods in § 725.101(a)(32) (125 working‑day rule, calendar‑year presumption, and BLS earnings formula) and credit claimant’s employment dates/evidence when determining years. | Incoal/Director: A "year" requires being on payroll for a full calendar year (365/366 days) and at least 125 working days in that same span; absent proof of a full calendar year, claimant cannot get a full year credit. | Court: § 725.101(a)(32) permits multiple, alternative methods (including the 125‑day rule and the earnings formula) to establish a year; agency’s narrow reading is inconsistent with the regulation and BLBA’s remedial purpose. |
| Whether the ALJ/BRB adequately considered and weighed the claimant’s testimony and employment‑date evidence | Shepherd: Widow’s sworn benefit application and recollections support additional months/years of mining that, if credited, would meet 15 years. | Incoal: Miner’s earlier self‑reported dates are ‘‘uncontradicted’’ and support BRB’s reductions; claimant’s recollection is less reliable. | Court: ALJ and BRB failed to discuss or weigh the widow’s evidence; must consider and credit or discredit it with explanation on remand. |
| Validity of quarter/"$50 per quarter" counting method for pre‑1978 years | Shepherd: Earlier BRB precedent allowed counting quarters with $50+ in coal earnings as creditable when dates were not precisely ascertainable. | Incoal: That method overstates time and conflicts with the regulatory calendar‑year focus. | Court: Quarter counting can be reasonable historically, but post‑2000 rule requires ascertaining start/end dates where possible; if dates show less than a full quarter, quarter method cannot be used. |
| Whether reversal was required where BRB reduced credited time below 15 years and claimant did not otherwise prove causation | Shepherd: If 15 years can be established on full consideration of evidence, presumption applies and employer bears heavy rebuttal burden. | Incoal: BRB correctly reduced credited time to 14.75 years; absent presumption, claimant failed to prove pneumoconiosis causation. | Court: Because the record was not fully weighed (claimant’s evidence not considered), remand is necessary to reassess whether 15 years are met and, if so, reinstate presumption/award. |
Key Cases Cited
- Big Branch Res., Inc. v. Ogle, 737 F.3d 1063 (6th Cir. 2013) (standard of review and BRB/ALJ evidentiary review in BLBA appeals)
- Island Creek Ky. Mining v. Ramage, 737 F.3d 1050 (6th Cir. 2013) (substantial‑evidence focus on ALJ findings)
- Jonida Trucking, Inc. v. Hunt, 124 F.3d 739 (6th Cir. 1997) (appellate review emphasizes ALJ’s evidentiary support)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (definition of "substantial evidence")
- Siding & Insulation Co. v. Alco Vending, Inc., 822 F.3d 886 (6th Cir. 2016) (interpretive canon: give effect to all statutory/regulatory provisions)
- Aberry Coal, Inc. v. Fleming, 843 F.3d 219 (6th Cir. 2016) (addressing errors in credited years calculation)
- Aberry Coal, Inc. v. Fleming, 847 F.3d 310 (6th Cir. 2017) (amended decision clarifying scope of prior error)