Mingo Logan Coal Company v. Erma Owens
2013 U.S. App. LEXIS 15673
| 4th Cir. | 2013Background
- Owens, a coal miner, became totally disabled and filed for black lung benefits in April 2008.
- ALJ awarded benefits under § 921(c)(4) presumption due to 15+ years underground coal mine work and total disability; the Secretary failed to rebut.
- Benefits Review Board affirmed the ALJ’s decision.
- Mingo Logan challenged the rebuttal standard and sufficiency of the ALJ’s analysis; asserted Board erred by applying § 921(c)(4) rebuttal limits to employers.
- Owens died in 2012; remaining claim pursued by his widow; PPACA amended § 921(c)(4) for pending/ new claims and prompted record reopening.
- Court ultimately affirmed the Board and denied Mingo Logan’s petition for review; separate concurrence discusses rebuttal standard and Usery-era limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper rebuttal standard under §921(c)(4) | Owens argues the standard used was correct; Mingo Logan argues Secretary-only limits apply | Mingo Logan argues Board applied Secretary limits; Owens contends standard logical | Not reached; Court holds ALJ did not apply rebuttal limitations; affirmance based on sufficiency of evidence |
| APA explanation for X-ray weighing | ALJ failed to adequately explain weighing of X-ray evidence | ALJ provided sufficient explanation under APA; weight given to radiologist opinions | Adequate explanation; substantial evidence supports X-ray finding of pneumoconiosis |
| Weight given to opposing medical opinions | ALJ erred by not properly crediting Zaldivar/Hippensteel | ALJ properly weighed conflicting expert testimony | ALJ acted within factfinding role; substantial evidence supports weight decisions |
Key Cases Cited
- Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (U.S. Supreme Court 1976) (rebuttal limitation applies to Secretary, not operators)
- Harman Mining Co. v. Dir., Office of Workers’ Comp. Programs, 678 F.3d 305 (4th Cir. 2012) (substantial evidence review in OWCP context)
- Milburn Colliery Co. v. Hicks, 138 F.3d 524 (4th Cir. 1998) (ALJ credibility and weighing responsibilities)
- Doss v. Dir., Office of Workers’ Comp. Programs, 53 F.3d 654 (4th Cir. 1995) (credibility and weighing evidence by ALJ)
- Westmoreland Coal Co. v. Cochran, 718 F.3d 319 (4th Cir. 2013) (ALJ as fact finder; weighing expert testimony)
- Lane Hollow Coal Co. v. Dir., Office of Workers’ Comp. Programs, 137 F.3d 799 (4th Cir. 1998) (APA explanation sufficiency)