Amax Coal Co. v. Beasley, No. 90-1820

• Court: United States Courts of Appeals. United States Court of Appeals (7th Circuit)
• Writing for the Court: Before BAUER, Chief Judge, POSNER and COFFEY; COFFEY
• Citation: 957 F.2d 324
• Parties: AMAX COAL COMPANY, Petitioner, v. Ruby BEASLEY, Widow of Robert V. Beasley, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.
• Docket Number: No. 90-1820
• Decision Date: 21 February 1992

Page 324

957 F.2d 324 AMAX COAL COMPANY, Petitioner,
v.
Ruby BEASLEY, Widow of Robert V. Beasley, and Director,
Office of Workers' Compensation Programs, U.S.
Department of Labor, Respondents. No. 90-1820. United States Court of Appeals,
Seventh Circuit. Argued Jan. 28, 1992.
Decided Feb. 19, 1992.
As Amended Feb. 21, 1992.

Page 325

W.C. Blanton (argued), Terri A. Czajka, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for petitioner.

Harold B. Culley, Jr. (argued), Raleigh, Ill., Barbara J. Johnson, Donald S. Shire, Sol. Gen., Cheryl Blair-Kijewski, Russell A. Shultis (argued), Dept. of Labor, Office of the Solicitor, Maria Lisowski, Benefits Review Bd., Dept. of Labor, Sylvia T. Kaser, Dept. of Labor, Black Lung Div., Carla Chapman, Maria Lisowski, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondents.

Before BAUER, Chief Judge, POSNER and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

The Amax Coal Company (Amax) seeks review of an Order of the Benefits Review Board of the United States Department of Labor (BRB) granting benefits to Robert Beasley pursuant to the provisions of the Black Lung Benefits Act. 30 U.S.C. § 901 et seq. The BRB affirmed the decision of the Administrative Law Judge (ALJ), who found that Amax had failed to rebut the presumption of total disability raised by the claimant. We reverse.

Page 326

I. FACTS AND PRIOR PROCEEDINGS

Mr. Beasley worked as a coal miner for thirty-six years. During his final twenty years he worked as a truck driver, transporting coal from the pit to the tipple. During most of his adult life Mr. Beasley smoked half a pack of cigarettes each day, totalling sixty "pack years." Mr. Beasley also had many problems with his health, including a heart condition, diabetes, and breathing difficulties. He filed this claim in May of 1977, the same month he retired from Amax. ¹

The ALJ approved Beasley's claim in 1985, finding that Beasley had successfully invoked the interim presumption of total disability due to coal worker's pneumoconiosis (CWP) on the basis of chest X-rays and a pulmonary function study. 20 C.F.R. § 727.203(a)(1) and (2). ² Although this presumption is rebuttable under § 727.203(b)(1) through (4), the ALJ found no rebuttal because the evidence did not show that Beasley performed or was able to perform comparable work after he left Amax, 20 C.F.R. § 727.203(b)(1) and (2); because the medical evidence did not preclude a causal relationship between Beasley's mining and disability, 20 C.F.R. § 727.203(b)(3); and because the evidence failed to show that the miner did not have pneumoconiosis. 20 C.F.R. § 727.203(b)(4). The key medical evidence included the opinion of Dr. Parviz Sanjabi, who said that Beasley might have CWP, though other ailments accounted for most of his problems, and Dr. Peter Tuteur, who said that Beasley did not have CWP, and even if he did it would be inconsequential in light of his other infirmities. The ALJ gave more weight to Dr. Sanjabi's opinion because only he had actually examined the claimant, whereas Dr. Tuteur relied on medical records and test results. The BRB affirmed the ALJ on this point, but still vacated the decision because it failed to discuss aspects of Dr. Sanjabi's deposition pointing toward rebuttal.

On remand the ALJ awarded benefits again, holding that Dr. Sanjabi's deposition testimony, while stating that smoking and heart problems were the major contributors to Beasley's disability, did not rule out the possibility that CWP had played some minor role in his lung impairment. The BRB affirmed, deferring to the ALJ's broad discretion in evaluating medical reports and weighing evidence.

II. DISCUSSION

To make out a claim for black lung benefits, a miner must establish: (1) total disability, (2) caused at least in part by pneumoconiosis, (3) that arose out of coal mine employment. Mullins Coal Co. v. Director, OWCP, 484 U.S. 135, 141, 108 S.Ct. 427, 431, 98 L.Ed.2d 450 (1987). These three elements are presumed if the miner has ten years of qualifying coal mine experience and meets one of the criteria in 20 C.F.R. § 727.203(a)(1) through (5). Petitioner does not dispute that Beasley has invoked this "interim presumption" under § 727.203(a)(1) and (2), as he was employed as a miner for over ten years and had qualifying X-rays and a pulmonary function study. Petitioner does claim, however, that it successfully rebutted this presumption under § 727.203(b)(3) because the

Page 327

medical testimony, especially Dr. Tuteur's, showed that "the total disability or death did not arise in whole or in part from coal mine employment." ³ Additionally, Amax contends that the ALJ erred in giving controlling weight to Dr. Sanjabi's opinion while discounting Dr. Tuteur's simply because the former actually examined Beasley in person.

Although this is an appeal from the decision of the BRB, we actually review the decision of the ALJ, asking...