Island Creek Coal Co. v. Jay Wilkerson, 910 F.3d 254

Jay Wilkerson worked >25 years in coal mining, retired in 1994, and filed for Black Lung benefits in 2012 claiming disabling pneumoconiosis from coal-mine employment.
Administrative Law Judge (ALJ) Timothy McGrath held a hearing with conflicting medical evidence from four physicians (Chavda, Baker, Selby, Tuteur) and issued a 40-page opinion awarding benefits; the Benefits Review Board affirmed.
Island Creek Coal Company appealed, arguing (1) the ALJ lacked authority under the Appointments Clause and (2) the record lacks substantial evidence to support the ALJ’s finding of total disability and causation.
The Sixth Circuit treated the Appointments Clause challenge as forfeited because Island Creek raised it for the first time in its reply brief and declined to excuse the forfeiture.
On the merits, the court reviewed the ALJ’s credibility determinations for substantial evidence: it found the ALJ reasonably credited Dr. Chavda and permissibly discounted other experts, and held Island Creek failed to rebut the statutory presumption linking Wilkerson’s disability to coal-mine employment.

Issue	Plaintiff's Argument (Wilkerson)	Defendant's Argument (Island Creek)	Held
Whether ALJ’s appointment violated the Appointments Clause	No violation asserted by Wilkerson	ALJ is an inferior officer appointed unconstitutionally; award invalid	Forfeited by Island Creek (raised first in reply brief); court declined to reach merits
Whether record contains substantial evidence of total respiratory disability	Wilkerson: pulmonary function tests and Dr. Chavda establish total disability	Island Creek: post-bronchodilator results and other doctors undercut disability finding	ALJ’s credibility determinations credited Dr. Chavda and were supported by substantial evidence; disability finding affirmed
Whether employer rebutted presumption that pneumoconiosis arose from coal-mine employment	Wilkerson: presumption applies (≥15 years) and employer failed to rebut	Island Creek: challenged causal link and relied on contrary medical opinions	Employer failed to rebut; presumption stands and award affirmed
Whether ALJ improperly weighed or omitted reliance on specific tests (lung volumes, blood gases)	Wilkerson: ALJ permissibly relied on pulmonary function tests and credible testimony	Island Creek: ALJ erred by not requiring certain tests or by inconsistent standards	Court found ALJ explained credibility choices; no reweighing on appeal; decision upheld

Golden v. Comm’r, 548 F.3d 487 (6th Cir.) (failure to raise issue in opening brief forfeits argument)
Jones Bros., Inc. v. Sec’y of Labor, 898 F.3d 669 (6th Cir.) (Appointments Clause challenges are not jurisdictional and are subject to waiver/forfeiture)
Greene v. King James Coal Min., Inc., 575 F.3d 628 (6th Cir.) (substantial-evidence review of ALJ credibility determinations)
Brandywine Explosives & Supply v. Dir., Office of Workers’ Comp. Programs, 790 F.3d 657 (6th Cir.) (statutory presumption of pneumoconiosis after 15 years of qualifying coal-mine employment)
Freytag v. Comm’r, 501 U.S. 868 (U.S.) (forfeiture/rare-exception discussion for constitutional claims)
Lucia v. SEC, 138 S. Ct. 2044 (U.S.) (ALJ appointment/appointments-clause framework)
Tussey v. Island Creek Coal Co., 982 F.2d 1036 (6th Cir.) (role of pulmonary function tests in Black Lung adjudications)
Cent. Ohio Coal Co. v. Dir., Office of Workers’ Comp. Programs, 762 F.3d 483 (6th Cir.) (evaluation of medical evidence and testing in disability determinations)