U.S. Steel Mining Company, LLC v. Cassandra M. Terry
920 F.3d 1283
11th Cir.2019Background
- Two consolidated Black Lung Benefits Act appeals: Oak Grove (Lee Ferguson) and U.S. Steel (Luther Terry). Both miners filed claims; each died before receiving a final, favorable determination.
- Lee Ferguson’s claim was ultimately awarded posthumously; his widow Carrie filed for survivor benefits under 30 U.S.C. § 932(l). Oak Grove contested survivor entitlement because the formal determination came after Lee’s death.
- Luther Terry obtained a favorable determination posthumously; his widow Cassandra sought survivor benefits under § 932(l). U.S. Steel contested both Luther’s eligibility and the survivors’ entitlement under § 932(l).
- ALJs (and the Benefits Review Board) held that what matters for § 932(l) is whether the miner was eligible at the time of death—not whether the formal determination occurred before death. The employers appealed.
- The Eleventh Circuit affirmed: it found substantial evidence supporting the ALJ findings on eligibility (in U.S. Steel) and held that § 932(l) should be read to link the phrase “at the time of his or her death” to “eligible” rather than to “determined,” avoiding arbitrary outcomes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether survivors qualify under § 932(l) when miner was eligible at death but formal determination occurred after death | Survivors (Carrie, Cassandra): § 932(l) requires miner to have been eligible at time of death; formal determination may occur posthumously | Employers (Oak Grove, U.S. Steel): § 932(l) requires a formal “determination” before death; otherwise phrase "at the time of his or her death" is meaningless | Held for survivors: phrase modifies “eligible,” so posthumous determinations do not defeat automatic entitlement |
| Whether ALJ’s finding that Luther was eligible is supported by substantial evidence | Cassandra: ALJ correctly credited evidence showing pneumoconiosis and disability; employer failed to rebut presumption | U.S. Steel: challenged weight given to radiologists over B-reader, later-is-better reasoning, and discounting of treating physicians’ opinions | Held for claimant: ALJ’s evidentiary choices (radiologist qualifications, reasonable account of disease progression, and discounting opinions infected by misdiagnosis) were lawful and supported by substantial evidence |
| Proper weighting of radiological qualifications in resolving conflicting x-ray readings | Claimants: higher-qualified radiologists may be credited over B-readers when conflict exists | Employers: disputed ALJ preference for credentialed radiologists over B-reader pulmonologist | Held: Regulations and common sense permit giving greater weight to credentialed radiologists when x-ray reports conflict |
| Whether an erroneous empirical diagnosis undermines a physician’s causation opinion | Claimants: a doctor’s failure to diagnose pneumoconiosis can invalidate that doctor’s causation opinion absent persuasive reasons to the contrary | Employers: argued ALJ improperly discounted causation opinions without showing doctor failed to consider pneumoconiosis as a contributing cause | Held: Following Hobet, an erroneous empirical-method finding can render causal opinions uncreditworthy unless specific persuasive reasons show causation analysis is independent of the misdiagnosis |
Key Cases Cited
- Price Waterhouse v. Hopkins, 490 U.S. 228 (statutory interpretation may employ common sense)
- Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (agency deference framework)
- Hobet Mining, LLC v. Epling, 783 F.3d 498 (4th Cir.) (physician misdiagnosis of pneumoconiosis can undermine causation opinion)
- Adkins v. Director, OWCP, 958 F.2d 49 (4th Cir.) (later-is-better analysis for progressive disease depends on evidence of worsening)
- Island Creek Coal Co. v. Compton, 211 F.3d 203 (4th Cir.) (discussion of credibility when empirical and causation analyses conflict)
- Bonner v. City of Prichard, 661 F.2d 1206 (Eleventh Cir. en banc) (adoption of former Fifth Circuit precedent)
- U.S. Steel Mining Co., LLC v. Director, OWCP, 719 F.3d 1275 (11th Cir.) (prior Eleventh Circuit discussion of survivor requirements under § 932(l))