Big Horn Coal Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor

• Decision Date: 29 November 1993
• Citation: 106 F.3d 413
• Parties: 97 CJ C.A.R. 189 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of
• Court: U.S. Court of Appeals — Tenth Circuit

Page 413

106 F.3d 413

97 CJ C.A.R. 189

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

BIG HORN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent David N. STEELE, Intervenor.

No. 95-9549.

(OWCP No. 520-22-7750)

United States Court of Appeals, Tenth Circuit.

Jan. 27, 1997.

Before BRORBY, BARRETT, and MURPHY, Circuit Judges.

ORDER AND JUDGMENT ^*

Petitioner Big Horn Coal Company ("Big Horn Coal") seeks review of a final order of the United States Department of Labor Benefits Review Board ("Benefits Review Board") directing Big Horn Coal to make black lung compensation payments to Mr. David Steele, the claimant. The Benefits Review Board affirmed an order of a United States Department of Labor Administrative Law Judge ("ALJ") finding that Mr. Steel had pneumoconiosis under 20 C.F.R. § 718.202(a)(4), that Mr. Steele was totally disabled, and that he was entitled to disability benefits because his pneumoconiosis was a "contributing cause" of his total disability under 20 C.F.R. § 718.204(a), 718.204(b) and 718.204(c)(5). Both the ALJ and the Benefits Review Board applied this court's decision in Mangus v. Director, OWCP, 882 F.2d 1527 (10th Cir.1989) in concluding that Mr. Steele was entitled to disability benefits. In Mangus, this court set forth the standard to be used in interpreting 20 C.F.R. § 718.204(a): "if the pneumoconiosis is at least a contributing cause, there is a sufficient nexus between the pneumoconiosis and the total disability to satisfy claimant's burden of proof." Id. at 1531-32.

Big Horn Coal contends that the Mangus "at least a contributing cause" standard should not be applied in this case. Instead, it asks this panel to impose a "preponderance of the substantial evidence" standard. This we cannot do. One panel of this court cannot overrule the decision of another panel. United States v. Zapata, 997 F.2d 751, 759 n. 6 (10th Cir.1993); United States v. Spedalieri, 910 F.2d 707, 710 n. 3 (10th Cir.1990). Mangus provides controlling precedent for this case and we are bound to apply it. After reviewing...