U.S. Steel Corp. v. Bridges, No. 78-1496

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore MORGAN, CLARK and TJOFLAT; PER CURIAM
Citation582 F.2d 7
Docket NumberNo. 78-1496
Decision Date10 October 1978
PartiesUNITED STATES STEEL CORPORATION, Petitioner, v. Pervy BRIDGES and Director, Office of Workers' Compensation Programs, United States Department of Labor, Appellees. Summary Calendar. *

Page 7

582 F.2d 7
UNITED STATES STEEL CORPORATION, Petitioner,
v.
Pervy BRIDGES and Director, Office of Workers' Compensation
Programs, United States Department of Labor, Appellees.
No. 78-1496
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
Oct. 10, 1978.

James D. Strader, Gen. Atty., Philip J. Sheehe, Atty., Pittsburgh, Pa., for petitioner.

William E. Mitch, Earl V. Brown, Cooper, Mitch & Crawford, Birmingham, Ala., Ralph Hartman, Director of Workers'

Page 8

Compensation Programs, NDOL, Laurie M. Streeter, Assoc. Sol. of Labor, Lee D. Richardson, Carin Ann Clauss, Sols. of Labor, U. S. Dept. of Labor, Washington, D. C., for appellees.

Benefits Review Board, Washington, D. C., for other interested party.

Appeal from the Benefits Review Board, United States Department of Labor.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges:

PER CURIAM:

Pervy Bridges filed a claim for total disability benefits under the Federal Coal Mine and Safety Act of 1969, asserting that he had contracted pneumoconiosis or "black lung" disease. The Act, Inter alia, provides benefits for persons who are totally disabled as a result of pneumoconiosis. After a hearing to determine the merits of Bridges' contentions, the hearing officer upheld his claim for benefits. His employer, the United States Steel Corporation, appealed the hearing officer's decision to the Benefits Review Board, and the Board upheld the findings of the hearing officer. United Steel subsequently filed an appeal in this court. We affirm.

United States Steel asserts that the hearing officer erred in finding that Bridges was totally disabled because of pneumoconiosis. In reaching his determination on this issue, the hearing officer relied on 30 U.S.C. § 921(c) (4), which provides for a rebuttable presumption of disabling pneumoconiosis if: (1) the miner was employed for fifteen years or more in one or more underground coal mines; (2) his chest x-rays do not show "complicated" pneumoconiosis; and (3) other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment. The third requirement is at issue here. The Corporation contends that a regulation, 20 C.F.R. § 410.414, promulgated under the authority of § 921 defines the words "other evidence" contained in the third requirement to mean only medical evidence. Since the hearing examiner, in addition to the medical evidence, relied on the claimant's testimony to establish disability, the...

To continue reading

Request your trial
6 practice notes
  • U.S. Pipe and Foundry Co. v. Webb, No. 77-2713
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 18 Mayo 1979
    ...v. Chicago Grain Trimmers Association, Inc., 390 U.S. 459, 467, 88 S.Ct. 1140, 20 L.Ed.2d 30 (1968); United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978); Felthager v. Weinberger, 529 F.2d 130 (10th Cir. 1976). U.S. Pipe contends that the hearing officer's decision and order are......
  • Jarvis v. Carbon Fuel Company, No. 02-1061.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 7 Octubre 2003
    ...evidence." Doss v. Dir., Office of Workers' Comp. Programs, 53 F.3d 654, 658 (4th Cir. 1995) (citing United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978)). There is certainly substantial evidence to support the ALJ's finding that Dr. Deardorff's testimony was equivocal.8 Cf. Pin......
  • USX Corp. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 91-7240
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 3 Diciembre 1992
    ...coal mine operator USX, on this second claim. The BRB affirmed the award, as did the Fifth Circuit. United States Steel Corp. v. Bridges, 582 F.2d 7 Following this decision, USX reimbursed DOL for interim benefits made to Bridges from the Trust Fund, and thereafter made monthly payments dir......
  • Phillips v. Jewell Ridge Coal Co., No. 86-2596
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 24 Julio 1987
    ...points out that an ALJ is free to use his sound discretion to evaluate witness credibility. See also United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978). Appellate courts have somewhat narrowed the deference given to an ALJ's allocation of weight to medical evidence. Generally,......
  • Request a trial to view additional results
6 cases
  • U.S. Pipe and Foundry Co. v. Webb, No. 77-2713
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Mayo 1979
    ...v. Chicago Grain Trimmers Association, Inc., 390 U.S. 459, 467, 88 S.Ct. 1140, 20 L.Ed.2d 30 (1968); United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978); Felthager v. Weinberger, 529 F.2d 130 (10th Cir. 1976). U.S. Pipe contends that the hearing officer's decision and order are......
  • Jarvis v. Carbon Fuel Company, No. 02-1061.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 7 Octubre 2003
    ...Doss v. Dir., Office of Workers' Comp. Programs, 53 F.3d 654, 658 (4th Cir. 1995) (citing United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978)). There is certainly substantial evidence to support the ALJ's finding that Dr. Deardorff's testimony was equivocal.8 Cf. Piney Mountain......
  • USX Corp. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 91-7240
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 3 Diciembre 1992
    ...coal mine operator USX, on this second claim. The BRB affirmed the award, as did the Fifth Circuit. United States Steel Corp. v. Bridges, 582 F.2d 7 Following this decision, USX reimbursed DOL for interim benefits made to Bridges from the Trust Fund, and thereafter made monthly payments dir......
  • Phillips v. Jewell Ridge Coal Co., No. 86-2596
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 24 Julio 1987
    ...points out that an ALJ is free to use his sound discretion to evaluate witness credibility. See also United States Steel Corp. v. Bridges, 582 F.2d 7 (5th Cir. 1978). Appellate courts have somewhat narrowed the deference given to an ALJ's allocation of weight to medical evidence. Generally,......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT