Price v. Califano, Civ. A. No. 76-54-F.

• Decision Date: 10 April 1979
• Docket Number: Civ. A. No. 76-54-F.
• Citation: 468 F. Supp. 428
• Court: U.S. District Court — Northern District of West Virginia
• Parties: Meryle PRICE, Plaintiff, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant.

468 F. Supp. 428

Meryle PRICE, Plaintiff, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant.

Civ. A. No. 76-54-F.

United States District Court, N. D. West Virginia, Fairmont Division.

April 10, 1979.

Robert F. Cohen, Jr., Fairmont, W. Va., for plaintiff.

William D. Wilmoth, Asst. U. S. Atty., Wheeling, W. Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare, (Secretary) denying her claim for black lung benefits as a widow of a miner, under Sections 411(a) and 412(a)(2) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. §§ 921(a), 922(a)(2). Review in this Court is based upon the provision of 30 U.S.C. § 923(b) which expressly incorporates Sections 205(g) and (h) of the Social Security Act, as amended. 42 U.S.C. §§ 405(g) and (h). The case is presently pending before the Court on the parties' cross motions for summary judgment. The scope of review is limited to the determination of whether the Secretary's decision is supported by substantial evidence. E.g. Blalock v. Richardson, 483 F.2d 773 (4th Cir. 1972).

Plaintiff contends that the Secretary's decision is not supported by substantial evidence and, therefore must be reversed because the Secretary (1) failed to give proper consideration to "lay" evidence; (2) applied incorrect standards of law; and (3) did not accord Plaintiff a full and fair hearing. Defendant argues that the decision is legally correct and is supported by substantial evidence. After a thorough review of the administrative transcript, this Court finds that the Secretary failed to properly evaluate the lay evidence adduced by Plaintiff. Therefore, the Secretary's decision is not supported by substantial evidence and must be reversed.

It is undisputed that Plaintiff has satisfied all but one of the conditions of entitlement to benefits as a widow of a miner under the law. 30 U.S.C. § 921(a); 20 C.F.R. 410.210. The sole condition of entitlement which is in dispute is whether Plaintiff has demonstrated that her husband, James Price, "was totally disabled due to pneumoconiosis at the time of his death . . .." 20 C.F.R. 410.210(e)(2).¹ The Administrative Law Judge (ALJ), in his written decision, which was adopted by the Appeals Council as the final decision of the Secretary, expressly found that the deceased miner was not disabled by pneumoconiosis, or presumed pneumoconiosis, "prior to" his death and accordingly denied benefits.²

Plaintiff presented evidence which demonstrated that her husband had been employed in the mines for forty-six years when he died. Although he had not worked in underground mines, it is undisputed that the environment in which he worked was very, very dusty, and the ALJ did not determine that he was not a miner within the Act. It is clear that the miner died in 1959 while on vacation. Plaintiff's uncontradicted testimony established that it was her deceased husband's intention never to return to work, a decision which was based upon his failing health. The cause of the miner's death was diagnosed by a nonexamining doctor of osteopathy as coronary thrombosis. Plaintiff did not submit any documentary medical evidence indicating that her deceased husband had suffered from any chronic lung impairment. Nevertheless, she did testify that doctors had treated him and had warned him to quit smoking and that he suffered from "miner's catarrh". The only evidence probative of the deceased miner's physical condition was the testimony of the Plaintiff herself and that of two co-workers of the deceased miner. This lay medical evidence tended to show that the deceased miner had suffered from breathing problems over a substantial number of years, characterized by coughing, sputum, chest pains, and sleeping problems, as well as annual bouts of influenza and pneumonia. The co-workers testified that Plaintiff was sometimes short of breath after relatively minor physical exertion.

The administrative record before the Court demonstrates that the ALJ's finding that the deceased miner was not disabled by a chronic lung impairment was based upon the absence of documentary medical evidence. In his written decision, the ALJ stated:

"While the testimony of the claimant and witnesses is accepted as fully credible, the absence of medical evidence of a history of complaint, recognition, or treatment of a lung condition and the fact that the miner was employed at his regular coal mine occupation at the time of his death, precludes finding he died from pneumoconiosis, or was totally disabled by such condition prior to his death."

The ALJ further stated:

"there is no evidence to establish that miner suffered from, was diagnosed or treated for pneumoconiosis, or other chronic pulmonary or respiratory disease."

Plaintiff acknowledges the absence of documentary medical evidence demonstrating that the deceased miner suffered from a chronic respiratory...