Stalcup v. Peabody Coal Co.
| Decision Date | 15 February 2007 |
| Docket Number | No. 06-1250.,06-1250. |
| Citation | 477 F.3d 482 |
| Parties | Donald D. STALCUP, Petitioner, v. PEABODY COAL COMPANY and Director, Office of Workers' Compensation Programs, Respondents. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Thomas E. Johnson (argued), Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Petitioner.
Laura M. Klaus, Greenberg Traurig, Department of LabMark E. Solomons (argued), or Office of the Solicitor, Washington, DC, for Respondents.
Before POSNER, EVANS, and SYKES, Circuit Judges.
Donald D. Stalcup worked as a coal miner at Peabody Coal Company for approximately thirty years. In 1997 he filed for pneumoconiosis (or "black lung") benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-944. An Administrative Law Judge ("ALJ") initially awarded Stalcup benefits, but on appeal, the Benefits Review Board ("BRB") vacated and remanded the decision because the ALJ mischaracterized relevant evidence, relied upon impermissible criteria to credit or discredit evidence, and failed to explain the bases for certain conclusions. The ALJ's second decision, which again awarded benefits to Stalcup, also was vacated and remanded by the BRB because of errors. The ALJ's third decision, which denied benefits, is the subject of this appeal. The BRB affirmed that decision, finding it was supported by substantial evidence. We disagree.
The BRB instructed the ALJ to reconsider three issues on its second remand: (1) the medical opinion evidence surrounding the existence of pneumoconiosis, (2) whether Stalcup is "totally disabled" based on this medical opinion evidence, and (3) whether the disability is due to pneumoconiosis. As to the first issue, five reliable medical opinions were before the ALJ. The ALJ concluded the qualifications and expertise of each physician were equal and held:
As to the second issue, the ALJ stated that even if Stalcup could establish pneumoconiosis, he is not totally disabled under 20 C.F.R. § 718.204(b) (2006). The ALJ assigned the most probative weight to opinions from Drs. Cohen, Koenig, and Castle; Drs. Cohen and Koenig believe Stalcup is totally disabled and Dr. Castle does not. Thus, the ALJ concluded, "the weight of the reliable medical evidence, alone, is in favor of finding total disability." Citing other types of evidence in the record, however, the ALJ determined Stalcup was not totally disabled. Based on these conclusions, there was no need for the ALJ to reach the third issue.
We review the final decision of the ALJ to determine whether it is rational, supported by substantial evidence, and consistent with controlling law. Blakley v. Amax Coal Co., 54 F.3d 1313, 1318 (7th Cir.1995) (citations omitted). This Court is "not authorized to affirm an administrative decision that is not reasoned." Sahara Coal Co. v. Fitts, 39 F.3d 781, 783 (7th Cir.1994). The importance of this rule is especially clear in the context of black lung claims, which often turn on science and involve conflicting medical opinions. We have said that a "scientific...
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Gunderson v. US Dept. of Labor
...A. Standard of Review Mr. Gunderson's first argument raises a legal question that we review de novo. See Stalcup v. Peabody Coal Co., 477 F.3d 482, 484-85 (7th Cir.2007) (examining de novo the question of whether an ALJ in a black lung case provided an adequate explanation for the denial of......
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Dalton v. Frontier-Kemper Constructors, Inc., BRB 11-0852 BLA
... ... Jansen's findings that the miner ... established twenty-two years and three months of coal mine ... employment, [ 4 ] and that the x-ray evidence established ... the existence ... C.F.R. §718.202(a)(4). See Stalcup v. Peabody Coal ... Co ., 477 F.3d 482, 484, 24 BLR 2-33, 2-37 (7th Cir ... 2007); ... ...
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Rothrock v. Old Ben Coal Co.
... ... pulmonologist; [ 19 ] and a Board-certified ... pulmonologist. 20 C.F.R. §718.104(d); Dillon v ... Peabody Coal Co. , 11 BLR 1-113 (1988). In addition, the ... administrative law judge properly accorded great weight to ... the opinion of Dr ... see Consolidation Coal Co. v. Director, OWCP ... [ Stein ], 294 F.3d 885, 895, 22 BLR 2-409, 2-426 (7th ... Cir. 2002); Stalcup v. Peabody Coal Co. , 477 F.3d ... 482, 484, 22 BLR 2-35, 2-37 (7th Cir. 2007); Shores , ... 358 F.3d at 490, 23 BLR at 2-26; Summers , ... ...
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Lynch v. Old Ben Coal Co., BRB 10-0209 BLA
... ... presence of lung disease, but did not mention the existence ... of pneumoconiosis. [ 8 ] See Peabody ... Coal Co. v. McCandless , 255 F.3d 465, 468-9, 22 BLR ... 2-311, 2-318 (7th Cir. 2001); Decision and Order at 4; ... Employer's ... See Consolidation Coal Co. v ... Director, OWCP [ Beeler ], 521 F.3d 723, 24 BLR ... 2-97 (7th Cir. 2008); Stalcup v. Peabody Coal Co. , ... 477 F.3d 482, 24 BLR 2-33 (7th Cir. 2007) ... We ... further agree with claimant and the ... ...