Cline v. Director, Office of Workers' Compensation Programs

• Decision Date: 18 October 1990
• Docket Number: No. 90-1159,90-1159
• Citation: 917 F.2d 9
• Parties: Edward L. CLINE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, As Designee of Elizabeth Dole, Secretary of Labor, Respondent.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 9

917 F.2d 9

Edward L. CLINE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United

States Department of Labor, As Designee of

Elizabeth Dole, Secretary of Labor, Respondent.

No. 90-1159.

United States Court of Appeals,

Eighth Circuit.

Submitted Sept. 12, 1990.

Decided Oct. 18, 1990.

I. John Rossi, Des Moines, Iowa, for petitioner.

Paul L. Frieden, Washington, D.C., for respondent.

Before JOHN R. GIBSON, Circuit Judge, and ROSS and HENLEY, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

On November 11, 1974, claimant filed an application for black lung benefits with the United States Department of Labor (Department), which was repeatedly denied by the Department. Administrative Law Judge (ALJ) Robert S. Amery then conducted a formal hearing and issued a Decision and Order on August 24, 1983, denying benefits. The claimant did not appeal this decision, but instead, within the time period prescribed in 20 C.F.R. Sec. 725.310(a), filed a request for modification of that decision. On November 30, 1989, the Benefits Review Board (Board) affirmed the ALJ's decision.

The record contains two medical reports that were admitted by ALJ Amery. First, Dr. Briney examined the claimant at the behest of the Department on March 4, 1976, and diagnosed claimant as having a mild to moderate chronic obstructive pulmonary disease, arteriosclerotic heart disease, angina pectoris and status post coronary bypass. Dr. Briney did not comment upon the etiology of the diagnosed conditions. However, on February 18, 1980, Dr. Briney stated that after reviewing his notes concerning the 1976 examination, it was his "opinion that the patient's current cardiopulmonary problems have no relationship to his coal mining employment four decades ago."

Dr. Tannen then examined the claimant in October 1979 and diagnosed a combination of pulmonary disease, coronary artery disease and peripheral vascular disease. He stated that mining, furnace repair, welding and smoking were the major contributors to the claimant's pulmonary problem. Dr. Tannen concluded that there was no proof that the disease was caused at least in part by coal mine work. Dr. Tannen opined that "[i]f Mr. Cline did work 16 years in mining it would be hard to disregard its well-known risk factors."

Based on this medical evidence, Judge Amery credited claimant with eight years of coal mine employment and found that claimant had established the existence of pneumoconiosis and a totally disabling respiratory or pulmonary impairment. Judge Amery concluded, however, that the claimant had failed to demonstrate that his impairment was due to either pneumoconiosis or coal mine employment, and accordingly denied benefits.

Next, in support of his request for modification, the claimant submitted a letter dated October 7, 1986 from Dr. Phelan, whose opinion differed from Dr. Tannen's with respect to the length of the claimant's coal mine employment. Dr. Phelan noted that the claimant had worked as a coal miner for approximately four to five years. He diagnosed moderate obstructive lung disease and stated that the claimant did not have any other industrial dust exposure that could have caused the lung disease. Dr. Phelan stated that the "findings would be consistent with that of someone exposed to silica that is found in coal dust."

Upon Cline's timely motion for modification, the ALJ reconsidered both the length of claimant's coal mine employment and the causation issue in light of the new evidence submitted by the parties. The ALJ discredited Dr. Phelan's etiological conclusions because they were expressed equivocally and because the doctor failed to take into account other potential occupational dust exposure incurred by Cline. Consequently, the ALJ concluded that Cline's failure to establish that his pulmonary disease was related to his coal mine...