767 F.3d 638
6th Cir.2014Background
- Forester applied for BLBA benefits arguing his federal mine inspector work counted as qualifying coal mine employment.
- BLBA includes a fifteen-year presumption that a miner with at least fifteen years underground coal mine work and total disability is totally disabled due to pneumoconiosis.
- Forester had five years of private coal mine employment and sixteen years as a MSHA mine inspector, totaling more than fifteen years.
- Navistar stipulated Forester had seventeen years of coal mine employment at the ALJ, but argued the stipulation could not bind the legal question of whether inspector work qualifies.
- The ALJ awarded benefits based on Moore and related precedent, finding inspector work satisfied situs and function tests to qualify as mining employment.
- The BRB affirmed; Navistar petitioned for review, challenging the legal status of federal mine inspectors as “miners.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Navistar bound by the stipulation of seventeen years? | Forester; Navistar contends stipulation binds factual aspects but not legal questions. | Navistar argues stipulation may be binding for facts but not controlling on the legal issue of status as miner. | Stipulation not binding on the legal question. |
| Do federal mine inspectors qualify as miners under the BLBA (situs and function tests)? | Forester contends inspector work satisfies situs and function as integral to mining. | Navistar and Director argue inspectors do not satisfy function; they perform regulatory, not mining, duties. | Federal mine inspectors do not qualify as miners; not entitled to BLBA fifteen-year presumption. |
| What deference applies to the Director’s interpretation of the BLBA on this issue? | Forester relies on Director’s long-standing position. | Navistar urges minimal deference as the interpretation arises in litigation, not regulation. | Skidmore deference applied; Director’s interpretation persuasive but not controlling. |
| Should Forester receive BLBA benefits without the fifteen-year presumption? | Forester may still prove pneumoconiosis and causation with five years of private mining and inspector work. | If inspector work cannot count as mining, the fifteen-year presumption is unavailable. | Yes, but only for non-presumption grounds; remand for merits without presumption. |
Key Cases Cited
- McGraw v. Director, Office of Workers’ Compensation Programs, 908 F.2d 967 (4th Cir. 1990) (inspector not a miner for BLBA in that line of cases)
- Kopp v. Director, Office of Workers’ Compensation Programs, 877 F.2d 307 (4th Cir. 1989) (cited for Davis/Eastern line on miners status)
- Eastern Associated Coal Corp. v. Director, O.W.C.P., 791 F.2d 1129 (4th Cir. 1986) ( Fourth Circuit on miner status)
- Sammons v. EAS Coal Co., 1992 WL 348976 (6th Cir. 1992) (unpublished; private inspector case distinguishing functions)
- Tussey v. Island Creek Coal Co., 982 F.2d 1036 (6th Cir. 1993) (remains governing on liberal construction of BLBA)