Westmoreland Coal Company v. Jarrell Cochran
2013 U.S. App. LEXIS 11177
| 4th Cir. | 2013Background
- Westmoreland Coal challenges an ALJ decision awarding black lung benefits to Cochran.
- Act defines pneumoconiosis with clinical and legal forms; 'arising out of coal mine employment' means significantly related or substantially aggravated by dust exposure.
- Cochran worked in WV coal mines 1964–1995 in various roles; he smoked about a pack per week for 20 years.
- Cochran filed a claim in 2008; DOL awarded benefits; ALJ held Cochran has legal pneumoconiosis but not clinical; total disability found.
- ALJ credited Dr. Rasmussen over Drs. Zaldivar/Hippensteel for legal pneumoconiosis; Board affirmed; Westmoreland seeks review.
- Court reviews for substantial evidence and rational application of law; key issue is credibility of medical opinions and use of the Preamble.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there substantial evidence for legal pneumoconiosis? | Westmoreland argues Rasmussen’s testimony is insufficient. | Cochran/Board argue Rasmussen, supported by the Preamble, is sufficient. | Yes; substantial evidence supports legal pneumoconiosis. |
| Did ALJ properly weigh conflicting medical opinions? | Westmoreland contends ALJ misread the Preamble and undervalued Zaldivar/Hippensteel. | ALJ credited Rasmussen as best supported, consistent with Preamble. | Yes; ALJ’s weighing of experts is supported. |
| Did ALJ improperly shift burden to disprove coal dust causation? | Westmoreland claims burden shifted to employer. | Record shows claimant bears burden to prove legal pneumoconiosis. | No; ALJ properly placed burden on Cochran to prove legal pneumoconiosis. |
Key Cases Cited
- Harman Mining Co. v. Dir., OWCP, 678 F.3d 305 (4th Cir. 2012) (upholds use of Preamble in evaluating medical opinions; harmless error if independent basis exists)
- United States Steel Mining Co., Inc. v. Dir., OWCP (Jarrell), 187 F.3d 384 (4th Cir. 1999) (rejects speculative causation evidence as insufficient to prove nexus)
- Consolidation Coal Co. v. Swiger, 98 Fed.Appx. 227 (4th Cir. 2004) (upholds award where multiple factors contribute to disability)
- Helen Mining Co. v. Dir., OWCP, 650 F.3d 248 (3d Cir. 2011) (upholds ALJ reliance on Preamble in weighing expert opinions)
- Consolidation Coal Co. v. Dir., OWCP, 521 F.3d 723 (7th Cir. 2008) (discusses Preamble and clinical-vs-legal pneumoconiosis distinctions)