Marathon Ashland Petroleum v. Bill Williams
733 F.3d 182
6th Cir.2013Background
- Bill Williams, a 25-year Marathon barge welder, injured his right shoulder/long thoracic nerve at work in 2003 and has not returned to his prior job.
- Treating orthopedist Dr. Goodwin imposed permanent restrictions (no overhead work; ~20 lb right-arm limit) and opined no improvement; Marathon’s exam physician Dr. Best at times found recovery and later equivocated.
- ALJ originally found Williams reached MMI on May 31, 2005, awarded temporary benefits to that date and permanent total disability thereafter; this court remanded for clearer MMI reasoning.
- On remand ALJ (and the Board) adopted October 3, 2005 as the MMI date based on Dr. Goodwin’s controlling opinion and again found Williams permanently and totally disabled.
- Marathon’s vocational expert identified alternate jobs but relied on Dr. Best’s assessments and failed to show compatibility with Dr. Goodwin’s restrictions; ALJ found those job listings inadequate.
- Williams was permitted to file a motion for appellate attorney’s fees under 33 U.S.C. § 928(a); the court retained jurisdiction to resolve fees.
Issues
| Issue | Plaintiff's Argument (Williams) | Defendant's Argument (Marathon) | Held |
|---|---|---|---|
| Whether Williams proved a prima facie case of total disability (cannot perform usual work) | Williams: treating doctor and his testimony show he cannot perform pre-injury welder duties | Marathon: Dr. Best says Williams recovered and can return (including modified duties) | Held: Prima facie case proven; ALJ reasonably credited Goodwin and claimant over Dr. Best |
| Whether ALJ’s MMI date was supported by record | Williams: MMI on Oct. 3, 2005 per Goodwin’s controlling opinion | Marathon: earlier dates (Mar. 1 or May 31, 2005) better supported by Dr. Best/test events | Held: Oct. 3, 2005 is supported by substantial evidence (Goodwin controlling) after remand |
| Whether Marathon met its burden to prove suitable alternative employment | Williams: vocational reports relied on Dr. Best and did not account for Goodwin’s restrictions, so jobs not realistically performable | Marathon: vocational expert identified multiple local jobs Williams could perform | Held: Marathon failed to show suitable, realistically available jobs compatible with controlling restrictions |
| Entitlement to appellate attorney fees | Williams: successful on appeal; entitled to seek fees under 33 U.S.C. § 928(a) | Marathon: (implicitly) contestable but not resolved here | Held: Court granted leave to file a motion for appellate attorney fees and set briefing schedule |
Key Cases Cited
- Dir., Office of Workers' Comp. Programs v. Congleton, 743 F.2d 428 (6th Cir. 1984) (remand required when ALJ’s reasoning insufficient to permit meaningful review)
- Pittsburgh & Conneaut Dock Co. v. Dir., Office of Workers' Comp. Programs, 473 F.3d 253 (6th Cir. 2007) (standard of review for ALJ and Board; substantial evidence and deference on medical conflicts)
- Morehead Marine Servs., Inc. v. Washnock, 135 F.3d 366 (6th Cir. 1998) (burden-shifting framework for Longshore total disability claims)
- Bunge Corp. v. Carlisle, 227 F.3d 934 (7th Cir. 2000) (prima facie case requires showing inability to perform prior employment)
- Newport News Shipbuilding & Dry Dock Co. v. Riley, 262 F.3d 227 (4th Cir. 2001) (compare medical restrictions to job duties to determine disability)
- Universal Maritime Corp. v. Moore, 126 F.3d 256 (4th Cir. 1997) (employer rebuts prima facie case by proving alternate jobs exist that claimant can secure)
- Louisiana Ins. Guar. Ass'n v. Abbott, 40 F.3d 122 (5th Cir. 1994) (requirements for employer to demonstrate availability of suitable alternate employment)
- New Orleans (Gulfwide) Stevedores v. Turner, 661 F.2d 1031 (5th Cir. 1981) (jobs that are not realistically performable by claimant are mere "mirages")
- Ford Aerospace & Communications Corp. v. Boling, 684 F.2d 640 (9th Cir. 1982) (appellate courts may award attorney fees for work on appeal from the Benefits Review Board)