Morrison v. Tennessee Consolidated Coal Co.
2011 U.S. App. LEXIS 14492
| 6th Cir. | 2011Background
- Morrison, born 1953, spent 22 years 4 months in underground coal mine work for TCCC until 1997; he later worked five months in a non-coal mine; he filed his first Black Lung claim in 1998 which was denied; he filed a second claim in 2007 with two medical opinions (Enjeti, Chandra) and several x-ray readings; the ALJ denied benefits in 2008 based on lack of pneumoconiosis and disability linked to pneumoconiosis; the Benefits Review Board affirmed, and Morrison appeals; the court vacates and remands for further proceedings consistent with PPACA amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PPACA §921(c)(4) presumption applies here | Morrison argues the 15-year underground requirement plus total disability triggers the rebuttable presumption | TCCC argues the presumption may be rebutted by evidence showing no pneumoconiosis or non-work-related impairment | Yes; remand needed to apply the presumption |
| Who bears the burden to rebut the presumption | Employer must rebut with affirmative evidence of no pneumoconiosis or non-connection to coal work | Employer bears burden but evidence insufficient to rebut currently | Employer bears burden; remand for proper application of presumption |
| Whether negative x-ray evidence alone rebuts the presumption | Negative x-rays cannot alone rebut the § 921(c)(4) presumption | Negative x-ray interpretations counter the existence of pneumoconiosis | Negative x-ray evidence alone is insufficient to rebut the presumption |
| Whether the ALJ properly weighed all evidence on total disability | ALJ relied only on post-bronchodilator PFT results and ignored other evidence | ALJ weighed the post-bronchodilator result as total disability | Remand to consider all relevant evidence and explain reasoning |
Key Cases Cited
- Ansel v. Weinberger, 529 F.2d 304 (6th Cir. 1976) (negative X-ray not sole basis to rebut presumption; 1972 amendment limits)
- Morris v. Mathews, 557 F.2d 563 (6th Cir. 1977) (negative X-ray alone not sufficient)
- Hatfield v. Sec'y of Health and Human Servs., 743 F.2d 1150 (6th Cir. 1984) (rebuttal burden not met by absence of pneumoconiosis)
- Conn v. Harris, 621 F.2d 228 (6th Cir. 1980) (no medical testimony showing absence of pneumoconiosis; award required)
- Blakley v. Amax Coal Co., 54 F.3d 1313 (7th Cir. 1995) (burden of proof on employer to rebut presumption)
- Eastover Mining Co. v. Williams, 338 F.3d 501 (6th Cir. 2003) (all relevant evidence must be considered; remand for full evaluation)
- Harlan Bell Co. v. Lemar, 904 F.2d 1042 (6th Cir. 1990) (change in law; permit submission of additional evidence)