Keene v. Consolidation Coal Co.
645 F.3d 844
| 7th Cir. | 2011Background
- Keene seeks remand for survivor and miner claims after PPACA § 1556 revived a 15-year presumption in the BLBA.
- Miner claim involved pneumoconiosis disability; survivor claim involved death due to pneumoconiosis; ALJ denied benefits on both.
- ALJ discounted Drs. Perper and Pineda; autopsy, death certificate, and other doctors’ opinions were considered but not persuasive.
- Section 1556 applies to claims filed after January 1, 2005 and pending on or after March 23, 2010; Consol challenges retroactivity as unconstitutional.
- Board affirmed miner denial and remanded survivor claim for reconsideration of § 1556 applicability; Keene appeals.
- Court reviews retroactivity and takings challenges de novo and upholds retroactive rational basis and takings analyses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity and due process | Keene argues § 1556 retroactively benefits pending claims. | Consol contends retroactivity violates due process. | Remand upheld; due process not violated by retroactivity. |
| Takings challenge to § 1556 | Keene asserts no takings issue; Consol argues retroactivity imposes burdens without just compensation. | Consol argues § 1556 is an unconstitutional taking. | Takings challenge rejected; regulation rational and not a taking. |
| Remand for applicability of 15-year presumption | Survivor claim should be remanded to apply § 1556. | Consol argues retroactivity should not apply; no remand. | Survivor claim remanded to determine applicability of § 1556. |
Key Cases Cited
- Turner Elkhorn Mining Co. v. Turner Elkhorn Mining Co., 428 U.S. 1 (Supreme Court 1976) (retroactivity and cost-spreading rationale for long-standing liability)
- Central States, Southeast & Southwest Areas Pension Fund v. Midwest Motor Express, Inc., 181 F.3d 799 (7th Cir. 1999) (retroactivity must be rationally related to legitimate purpose)
- Davon, Inc. v. Shalala, 75 F.3d 1114 (7th Cir. 1996) (due process requires rational basis for retroactive legislation)
- Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211 (Supreme Court 1986) (three-factor takings test; economic impact, investment-backed expectations, character of government action)
- Eastern Enterprises v. Apfel, 524 U.S. 498 (Supreme Court 1998) (takings analysis for retroactive economic regulation)
- Roberts & Schaefer Co. v. Director, OWCP, 400 F.3d 992 (7th Cir. 2005) (de novo review of constitutional challenges to agency decisions)