Stomps v. Director, Office Workers' Compensation Programs, U.S. Dept. of Labor

• Decision Date: 18 May 1987
• Docket Number: No. 86-7436,86-7436
• Parties: John W. STOMPS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. Non-Argument Calendar.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1533

816 F.2d 1533

John W. STOMPS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED

STATES DEPARTMENT OF LABOR, Respondent.

No. 86-7436

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

May 18, 1987.

Mary Ann Corbett, Legal Services Corp. of Alabama, Inc., Tuscaloosa, Ala., for petitioner.

Thomas L. Holzman, Donald Feith, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondent.

Petition for Review of an Order of the United States Department of Labor Benefits Review Board.

Before TJOFLAT, HATCHETT and CLARK, Circuit Judges.

PER CURIAM:

John W. Stomps appeals from the determination of the Benefits Review Board (Board) that he is not entitled to disability benefits under the Black Lung Benefits Act (Act), 30 U.S.C. Sec. 901 et seq. (1982). We reverse the Board's decision because we find that it erroneously upheld the decision of the Administrative Law Judge (ALJ).

I. FACTS

Stomps worked in Alabama's coal mines between 1943 and 1952, and the ALJ credited him with eight years of coal mine employment for this period. Subsequently, Stomps worked at a steel company and at a service station. At a hearing before the ALJ, Stomps stated that he has not been exposed to coal dust since 1952. Stomps did testify that his two subsequent jobs had exposed him to some silicone dust and gas fumes. Stomps stated that he first experienced serious breathing difficulty in 1980, and that his condition has deteriorated since that time. In January, 1981, Stomps was hospitalized and in October, 1981, he was placed in a pulmonary rehabilitation program. Stomps' treating physicians have severely limited his physical activity; he is not permitted to walk around the block and is required to stay inside most of the time.

In 1981, Stomps filed a claim with the Department of Labor (Department) seeking pneumoconiosis (black lung) disability benefits. The Department denied the claim on June 26, 1981. An ALJ conducted a full hearing on July 28, 1983, and found that Stomps was not entitled to benefits because he had not established pneumoconiosis or any pulmonary impairment attributable to coal mine employment.

To support this conclusion, the ALJ discounted the reports of Stomps' examining physicians. The ALJ found there to be "unexplained discrepancies in [the] two reports, made very close in time," by Dr. Richard M. Snow, a pulmonary specialist. The ALJ also rejected the conclusions found in medical reports by Stomps' personal physicians, Dr. W. Larry Tucker and Dr. Samuel Gaskins, on the grounds that they indicated the patient has multiple medical problems, and failed to state specifically that he is totally disabled by his pulmonary condition or that it is attributable to his former coal mine employment.

Stomps appealed to the Board, which affirmed the decision of the ALJ on April 25, 1986. The Board found the denial of disability benefits to be supported by substantial evidence and consistent with the law. Stomps now appeals the Board's decision to this court.

II. DISCUSSION

The Board is required to uphold the ALJ's decision if it is in accordance with law and supported by substantial evidence from the entire record. See 33 U.S.C. Sec. 921(b)(3) (1982); 20 C.F.R. Sec. 802.301 (1986). Our review of the Board's determination is also limited in scope. We consider only whether the Board erred by upholding the ALJ's decision. Foreman v. Director, Office of Workers' Compensation Programs, 794 F.2d 569, 570 (11th Cir.1986).

The Act provides benefits to coal miners, their dependents, and their survivors for pneumoconiosis. 30 U.S.C. Sec. 921(a). The Act is intended to be remedial in nature, and doubts should be resolved in favor of the disabled miner or his survivors. See Pub.L. No. 92-303, 1972 U.S.Code A determination of the existence of pneumoconiosis may also be made if a physician, exercising sound medical judgment, notwithstanding a negative X-ray, finds that the miner suffers or suffered from pneumoconiosis as defined in Sec. 718.201. Any such finding shall be based on objective medical evidence such as blood-gas studies, electrocardiograms, pulmonary function studies, physical performance tests, physical examination, and medical and work histories. Such a finding shall be supported by a reasoned medical opinion.

                Cong. & Admin.News 2305, 2315;  Pub.L. No. 95-239, 1978 U.S.Code Cong. & Admin.News 237, 240.  Pneumoconiosis is defined by the Act as a "chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment."    30 U.S.C. Sec. 902(b);  20 C.F.R. Sec. 718.201.  "A disease 'arising out of coal mine employment' includes any chronic pulmonary disease resulting in respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment."    20 C.F.R. Sec. 718.201.  The existence of pneumoconiosis, as defined above, may be established by x-ray, biopsy, autopsy, or examination by a physician.  20 C.F.R. Sec. 718.202.  With respect to the last method, the regulation specifically provides that
                

20 C.F.R. Sec. 718.202(a)(4).

If a claimant was employed for 10 or more years in one or more coal mines, there is a rebuttable presumption that his pneumoconiosis arose from such employment. 30 U.S.C. Sec. 921(c); 20 C.F.R. Sec. 718.201. Because Stomps could not prove that he had worked ten years or more in the mines, no rebuttable presumption applies. Accordingly, Stomps had the burden of persuading the ALJ that there is a causal relationship between his pulmonary impairment and his eight years of coal mine employment. 30 U.S.C. Sec. 901(a); see, e.g., Southard v. Director, Office of Workers' Compensation Programs, 732 F.2d 66, 70 (6th Cir.1984).

The law in this circuit regarding the nature of the causal relationship which the claimant must establish is sparse. In Southard, 732 F.2d 66, the Sixth Circuit interpreted the remedial purpose of the Act and the generosity of its presumptions to signify that Congress did not intend the causal burden to be an insurmountable one, regardless of length of coal mine employment. Id. at 71. We find this interpretation confirmed by the regulations promulgated to implement the Act. 20 C.F.R. Sec. 718.203(a) states that the proper causal inquiry is whether "the miner's pneumoconiosis arose at least in part out of coal mine employment." If the coal miner has worked for less than 10 years, "it shall be determined that such pneumoconiosis arose out of that employment only if competent evidence establishes such a relationship." Id. Sec. 718.203(c).

Stomps must therefore show that there is a contributory relationship between his disability and his former employment. However, he need not prove that the employment alone caused his condition. See Black Diamond Coal Mining Co. v. Benefits Review Board, 758 F.2d 1532, 1534-35 (11th Cir.1985); Southard, 732 F.2d at 71. Stomps' burden of proof may be satisfied by a reasoned medical judgment that he suffers from a pulmonary impairment that is, at least in part, the result of exposure to coal mine dust.

We review the medical evidence to determine whether one of Stomps' physicians found him to be suffering from any chronic pulmonary disease resulting in total disability that was caused, at least in part, by his prior exposure to coal dust. The evidence in this case consists of reports from three physicians, pulmonary function studies, blood-gas studies, hospital records, and x-ray interpretations. The x-ray reports were negative, and thus do not effect the disability determination. See 30 U.S.C. Sec. 923(b) (no claim shall be denied solely on the result of a chest x-ray); 20 C.F.R. Sec. 718.202(b) (same).

On April 29, 1981, Dr. Snow examined Stomps in order to complete the Department's Form CM-988, "Medical History Examination of Dr. Snow's two reports do not reveal any unexplained discrepancy. Certainly, no part of the two assessments conflict. The ALJ appears to have overlooked the fact that the reports were apparently prepared for different purposes. The March 2 letter sent to Dr. Tucker diagnosed Stomps' condition and evaluated his fitness for a pulmonary rehabilitation program; the April 29 report was prepared for the specific purpose of determining whether there was a relationship between Stomps' chronic obstructive pulmonary disease condition and his exposure to coal mine dust. Thus, not surprisingly, the March 2 letter and the April 29 report focused on different aspects of Stomps' condition.

                and Examination for Coal Mine Workers Pneumoconiosis."    Dr. Snow diagnosed Stomps' condition as "moderate to severe" chronic obstructive pulmonary disease (COPD).  Dr. Snow responded "yes" to a question on the form inquiring whether there was a relationship between the diagnosed condition and the claimant's coal dust exposure, and explained that Stomps had "combined mining and cigarette exposure along with life-long [illegible abbreviation] asthma."    The ALJ discounted this conclusion on the basis of a letter that Dr. Snow had written to Dr. Tucker on March 2, 1981, in which he discussed Stomps' condition.  In the March 2 letter, Dr. Snow diagnosed Stomps as having "several significant problems including mild--moderate COPD, most related to chronic bronchitis," and recommended that the claimant begin therapy.  The March 2 letter consisted of a diagnosis only, and made no reference to the deterioration of the patient's condition.  A careful reading of

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