Sunny Ridge Mining Company, Inc. v. Herbert Keathley
773 F.3d 734
6th Cir.2014Background
- Miner Herbert Keathley worked ~16.5 years in surface strip mining and filed for Black Lung benefits alleging totally disabling pneumoconiosis.
- Keathley triggered the 15-year presumption (30 U.S.C. § 921(c)(4)) by proving qualifying employment and a totally disabling respiratory impairment.
- Pulmonary function testing: 7 tests over ~7 months — 5 met regulatory disability thresholds, 2 did not; ALJ found the five sufficient to establish total disability.
- Employer Sunny Ridge produced Dr. Bruce Broudy, who diagnosed obstructive disease from smoking and asserted coal-dust bronchitis "usually ceases with cessation of exposure," thereby excluding coal-dust causation.
- ALJ initially denied benefits (finding Broudy rebutted the presumption); the BRB vacated and remanded for (1) reweighing pulmonary tests and (2) addressing whether Broudy’s causation rationale conflicted with regulations.
- On remand the ALJ awarded benefits, discrediting Broudy as relying on a premise inconsistent with 20 C.F.R. § 718.201(c) (pneumoconiosis may be latent and progressive), and treating all valid pulmonary tests as equally probative; the BRB affirmed.
Issues
| Issue | Keathley (Claimant) Argument | Sunny Ridge (Employer) Argument | Held |
|---|---|---|---|
| Whether the ALJ permissibly discredited Dr. Broudy for relying on the view that coal-dust bronchitis "usually ceases" after exposure ends | Dr. Broudy’s sole reason conflicted with the regulation that pneumoconiosis (including legal pneumoconiosis) can be latent/progressive; ALJ may discount opinions based on premises contrary to the Act | Dr. Broudy merely made a general medical observation about chronic bronchitis; it does not conflict with the regulations | Court: ALJ properly discredited Broudy because his only stated reason for excluding coal-dust causation conflicted with 20 C.F.R. § 718.201(c) and thus lacked probative value |
| Whether the ALJ correctly treated chronic bronchitis from coal dust as "legal pneumoconiosis" subject to the latent/progressive rule | Legal pneumoconiosis includes chronic bronchitis caused by coal dust; the latent-and-progressive language applies to legal pneumoconiosis | Employer argued regulations don't explicitly state "chronic bronchitis" is latent/progressive | Court: Regulations and precedent treat legal pneumoconiosis (including coal-dust chronic bronchitis) as latent and progressive; ALJ’s application was proper |
| Whether the ALJ permissibly weighed and relied on multiple pulmonary function tests (some qualifying, some not) | The ALJ performed a qualitative analysis: found all tests valid, contemporaneous, and equally probative; majority of valid tests meet disability thresholds | Employer argued ALJ unlawfully counted tests (favored quantity) and should give greater weight to the non-qualifying, more recent tests | Court: ALJ’s qualitative approach satisfied Woodward because he considered validity, contemporaneity, and probative value, not a mere numerical tally; substantial evidence supports finding of total disability |
| Whether the miner met his burden once tests and medical opinion are considered | Miner relied on majority of valid pulmonary tests plus medical opinions supporting disability and cause | Employer argued evidence in equipoise if tests are equally probative, so presumption rebuttal should stand | Court: Evidence not in equipoise — five valid tests and supportive medical opinion preponderate; award of benefits affirmed |
Key Cases Cited
- A & E Coal Co. v. Adams, 694 F.3d 798 (6th Cir.) (ALJ may discount medical opinion when its sole rationale conflicts with the Act/regulations)
- Cumberland River Coal Co. v. Banks, 690 F.3d 477 (6th Cir.) (rejecting causation opinion based solely on time-since-exposure contrary to latent/progressive regulation)
- Greene v. King James Coal Mining, Inc., 575 F.3d 628 (6th Cir.) (discussing limits on opinions hostile to the Black Lung Act)
- Barber v. Director, OWCP, 43 F.3d 899 (4th Cir.) (legal definition of pneumoconiosis incorporated throughout statute/regulations)
- Midland Coal Co. v. Director, OWCP, 358 F.3d 486 (7th Cir.) (treating legal pneumoconiosis as subject to regulatory latent/progressive provision)
- Woodward v. Director, OWCP, 991 F.2d 314 (6th Cir.) (ALJ may not base findings solely on counts of repetitive evidence; qualitative analysis required)