947 F.3d 399
6th Cir.2020Background
- Larry Young worked over 19 years in underground coal mines (lastly for Island Creek) and was diagnosed with emphysema; he smoked heavily for decades.
- Because he worked >15 years underground and is totally disabled by a respiratory impairment, Young invoked the statutory rebuttable presumption that pneumoconiosis caused his disability under the Black Lung Benefits Act.
- Island Creek contested the claim; an ALJ found Island Creek failed to rebut the presumption and awarded benefits; the Benefits Review Board affirmed.
- Island Creek argued on appeal that (1) the ALJ was unconstitutionally appointed (Appointments Clause/Lucia) and (2) the ALJ erred in applying the rebuttal standard and in discounting three physicians’ opinions.
- The Sixth Circuit held Island Creek forfeited the Appointments Clause challenge and, on the merits, upheld the ALJ’s application of the “in part” standard and credibility determinations as supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument (Young) | Defendant's Argument (Island Creek) | Held |
|---|---|---|---|
| 1. Appointments Clause (Lucia) | Island Creek forfeited the challenge by failing to raise it timely before the Board. | ALJ appointment violated Appointments Clause; merits require remand for properly appointed ALJ. | Forfeited under Board rules; remand denied. |
| 2. Proper rebuttal standard for legal pneumoconiosis | Arch on the Green’s “in part” standard applies; §718.203 harmonizes with §718.201 so "in part" suffices to establish legal pneumoconiosis. | ALJ applied wrong (too lenient) standard; "significantly related" or other standard should apply. | Arch on the Green controls; ALJ permissibly applied the “in part” standard. |
| 3. Meaning of "in part" and burden to rebut | Employer may rebut by showing coal-dust exposure did not contribute more than de minimis effect to impairment. | That approach effectively requires no "rule out" and improperly lowers employer’s burden compared to §718.305(d)(1)(ii). | "In part" means more than de minimis contribution; employer rebuts §718.305(d)(1)(i) by showing coal-dust had at most a de minimis impact; the stricter "rule out" standard is reserved for §718.305(d)(1)(ii). |
| 4. Credibility of medical opinions (Drs. Selby, Tuteur, Culbertson) | ALJ reasonably found those opinions inconsistent, not individualized, or failed to address legal pneumoconiosis; thus substantial evidence supports discrediting them. | ALJ improperly discounted competent medical opinions; those should rebut the presumption. | ALJ’s credibility findings were reasonable and supported by substantial evidence; opinions were properly discounted. |
Key Cases Cited
- Lucia v. Securities & Exchange Comm'n, 138 S. Ct. 2044 (2018) (ALJs may be officers for Appointments Clause purposes)
- Arch on the Green v. Groves, 761 F.3d 594 (6th Cir. 2014) ("in part" causation suffices to establish legal pneumoconiosis)
- Island Creek Coal Co. v. Bryan, 937 F.3d 738 (6th Cir. 2019) (forfeiture of Appointments Clause challenge under Board issue-exhaustion rules)
- Island Creek Coal Co. v. Wilkerson, 910 F.3d 254 (6th Cir. 2018) (standard of review and elements for entitlement under Black Lung Act)