Roberts v. Weinberger, 75--1503
| Decision Date | 16 October 1975 |
| Docket Number | No. 75--1503,75--1503 |
| Citation | 527 F.2d 600 |
| Parties | Kitty B. ROBERTS and James E. Roberts, Wage Earner, Appellants, v. Casper WEINBERGER, Secty. of HEW, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Carl W. Newman, Appalachia, Va. (Shannon & Newman, Appalachia, Va., on brief), for appellants.
E. Montgomery Tucker, Asst. U.S. Atty. (Leigh B. Hanes, Jr., U.S. Atty., Stephanie W. Naidoff, Regional Atty. and Roland L. Vaughan, Jr., Asst. Regional Atty., on brief), for appellee.
Before BRYAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.
Kitty B. Roberts, whose husband died of 'black lung' in 1971, appeals from an order of the district court sustaining the Secretary of H.E.W.'s denial of widow's benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 801 et seq. (1975). The only dispute between the parties concerns whether Mr. Roberts was a miner within the meaning of the Act and the pertinent regulations. While the Secretary concluded that he was not a miner and his conclusion was sustained by the district court, we disagree. Thus, we reverse the judgment for the Secretary and remand the case for award of the claimed benefits.
As found by the district court, the claimant meets all of the personal eligibility requirements for a widow seeking benefits under the Act; and it is uncontradicted that her husband was totally disabled from pneumoconiosis 1 at the time of his death. It is undisputed that Mr. Roberts operated a truck hauling coal from the immediate site of its extraction in a strip mine to a tipple where it was processed, graded and loaded into railroad cars for further shipment. This journey took place over dirt roads of the mining company. While the evidence in the record is in conflict as to whether Mr. Roberts was employed by the mine owner or by a trucking company engaged by the mine owner, it is certain that he had engaged in this work for approximately fourteen years and he was exposed to substantial coal dust during the loading and unloading of the truck.
As amended, 30 U.S.C. § 902(d) defines 'miner' as 'any individual who is or was employed in a coal mine.' 2 In regulations adopted pursuant to 30 U.S.C. § 921(a), the Secretary has defined 'coal mine' as follows:
an area of land and all structures, facilities, machinery, tools, equipment shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person, used in or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities (emphasis added). 20 C.F.R. § 410.110(h) (1974). 3
Given only the statute and this broad definition of 'coal mine,' it would be clear that Mr. Roberts was covered by the Act. He performed the same function, in a strip mine, as do the operators of mechanical conveyances which bring the coal to the shaft and ultimately to the surface in an underground mine. The Secretary concedes that in an underground mine such workers would be covered, and he does not dispute that even though he worked aboveground, Mr. Roberts was continuously exposed to the hazard of coal dust.
The Secretary argues, however, that Mr. Roberts was excluded from the definition of 'miner' by virtue of 20 C.F.R. § 410.110(j), which reads:
'Miner' or 'coal miner' means any individual who is working or has worked as an employee in a coal mine, performing functions in extracting the coal or preparing the coal so extracted.
The Secretary contends that this section encompasses those workers engaged in...
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... ... under the Act." Decision and Order at 5, citing ... Roberts v. Weinberger , 527 F.2d 600, 602 (4th Cir ... 1975); Stroh v. Director, OWCP , 810 F.2d ... ...
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Brock on Behalf of Williams v. Peabody Coal Co.
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