657 F. App'x 370
6th Cir.2016Background
- Claimant Denny Marcum worked in coal mines intermittently from 1964 to 1985 (at least 14 but less than 15 years) and is permanently unable to return to mining due to severe respiratory impairment.
- Marcum is a lifelong heavy smoker and suffered pulmonary emboli in 2009, creating competing possible causes for his lung disease.
- After a denied 2007 claim, Marcum filed again in 2009; an ALJ reviewed x-rays, pulmonary-function and arterial blood-gas tests, and four physicians’ opinions and awarded black lung benefits based on a finding of pneumoconiosis.
- ALJ found x-ray evidence inconclusive (one positive, three negative, others inconclusive) but credited medical opinions of Drs. Forehand and Splan diagnosing pneumoconiosis; discredited Drs. Fino and Jarboe for inadequate explanations ruling out coal-dust contribution.
- The Benefits Review Board affirmed; employer Island Creek appealed, arguing burden-shifting, inadequate reason-giving for crediting Forehand and Splan, and improper discrediting of Fino and Jarboe.
- Sixth Circuit denied review, holding the ALJ’s credibility findings and weighing of conflicting medical evidence were supported by substantial evidence and applied correct legal standards.
Issues
| Issue | Plaintiff's Argument (Marcum) | Defendant's Argument (Island Creek) | Held |
|---|---|---|---|
| Whether ALJ shifted burden by saying x-rays do "not rule out" pneumoconiosis | ALJ correctly noted x-rays inconclusive and that other evidence may establish disease | Phrase "rule out" improperly imports employer rebuttal burden and shifts proof | ALJ did not shift burden; statement accurately meant x-rays didn’t preclude medical proof; affirmed |
| Whether ALJ gave insufficient reasons for crediting Drs. Forehand and Splan | Their opinions were supported by exams, PFT/ABG patterns, and consistent causation analysis tying coal-dust to gas-exchange impairment | Employer argued ALJ failed to scrutinize reasoning and relied on doctors whose x-ray readings were rejected | Court found ALJ adequately evaluated qualifications, tests, and reasoning; substantial evidence supported crediting them |
| Whether ALJ improperly discredited Dr. Fino | Marcum: Fino’s opinion was unconvincing because he failed to explain why coal dust was excluded as a contributor and relied heavily on x-rays | Island Creek: Fino reasonably excluded pneumoconiosis based on x-rays and other findings | ALJ permissibly discounted Fino for failing to explain exclusion of coal-dust contribution and overreliance on x-rays; supported by record |
| Whether ALJ improperly discredited Dr. Jarboe | Jarboe’s granulomatous/histoplasmosis diagnosis and x-ray interpretation showed no pneumoconiosis | Island Creek: Jarboe reliably distinguished radiographic patterns and identified histoplasmosis as likely cause | ALJ reasonably discounted Jarboe for speculative attribution to histoplasmosis and for not explaining why coal-dust exposure (14+ years) couldn’t contribute; two valid grounds upheld |
Key Cases Cited
- Big Branch Res., Inc. v. Ogle, 737 F.3d 1063 (6th Cir. 2013) (standard for reviewing Board legal conclusions and ALJ factual findings)
- Eastover Mining Co. v. Williams, 338 F.3d 501 (6th Cir. 2003) (substantial-evidence standard and proof of pneumoconiosis/legal vs clinical)
- Piney Mountain Coal Co. v. Mays, 176 F.3d 753 (4th Cir. 1999) (definition of substantial evidence)
- Arch on the Green, Inc. v. Groves, 761 F.3d 594 (6th Cir. 2014) (showing disease caused in part by coal-dust suffices to prove legal pneumoconiosis)
- Island Creek Ky. Mining v. Ramage, 737 F.3d 1050 (6th Cir. 2013) (ALJ credibility determinations on medical opinions are for the ALJ)
- Tenn. Consol. Coal Co. v. Kirk, 264 F.3d 602 (6th Cir. 2001) (courts do not reweigh evidence; ALJ credibility determinations given deference)