Professional Documents
Culture Documents
No. 09-1589
Argued:
Decided:
July 6, 2010
ARGUED:
Nathan J. Marchese, WASHINGTON AND LEE UNIVERSITY
SCHOOL OF LAW, Lexington, Virginia, for Petitioner.
Mark
Elliott Solomons, GREENBERG TRAURIG, LLP, Washington, D.C., for
Respondents.
ON BRIEF:
Timothy C. MacDonnell, WASHINGTON AND
LEE
UNIVERSITY
SCHOOL
OF
LAW,
Lexington,
Virginia,
for
Petitioner.
Laura Metcoff Klaus, GREENBERG TRAURIG, LLP,
Washington, D.C., for Respondents.
PER CURIAM:
After working as a coal miner for 21 years, Robert Massey
applied
for
benefits
under
the
Black
Lung
Benefits
Act,
30
pneumoconiosis
which
respiratory disability.
caused
him
to
have
total
additional
claim
on
behalf
of
herself
for
survivors
benefits.
Crediting
the
opinions
of
several
doctors,
the
pneumoconiosis
respiratory
disability,
of
evidence.
not
nor
did
cause
it
or
contribute
to
his
cause,
contribute
to,
or
three
The
did
separate
Benefits
opinions
Review
Board
examining
(BRB)
the
medical
affirmed,
and
She contends
he
applied
an
incorrect
standard
of
causation
for
both
Because we conclude
that the ALJ satisfied his duty to explain his decision, that he
applied the correct standard of causation, and that substantial
evidence supports his findings, we deny the petition for review.
I
Robert Massey, who smoked 50 packs of cigarettes per year
since
1944,
history
had
of
pulmonary
disease,
complicated
coronary
disease
chronic
artery
(COPD),
problems
with
medical
history,
disease,
chronic
including
obstructive
pneumoconiosis,
peptic
his
right
knee,
ulcer
history
of
March
2003
from
complications
due
to
pneumonia
He died
and
his
myelodysplastic syndrome.
Massey first applied for black lung benefits in May 1996,
and his claim was referred to an ALJ, who awarded benefits.
On
appeal, however, the BRB determined that the ALJ had overlooked
evidence
contradicting
evidence
that
tended
Masseys
to
show
that
Massey
case
for
did
not
x-ray
have
and
that evidence.
had
disability.
Massey
was
proven
that
the
particularly
pneumoconiosis,
Massey
remanded
claim,
pneumoconiosis
reconsideration
caused
his
of
total
from
totally
disease.
3
disabling
respiratory
On
remand,
the
ALJ
considered
additional
evidence
and
He
concluded that smoking was the sole cause of this disability and
that Massey had failed to prove that his pneumoconiosis was a
contributing cause.
Massey filed a petition for modification in December 2000,
submitting new evidence to support his contention that a mistake
had been made.
Massey
had
pneumoconiosis.
in
fact
failed
to
prove
that
he
had
submitted
continued
pursuing
claim
her
for
survivors
husbands
benefits.
disability
claim.
She
The
also
two
had
coal
workers
pneumoconiosis,
4
chronic
silicosis,
extensive
interstitial
fibrosis,
marked
emphysema,
acute
lung
and
pneumonia.
chest
Dr.
wall,
Jelic
as
well
concluded
as
acute
that
and
organizing
pneumoconiosis
was
other
pathologists,
Dr.
Francis
H.Y.
Green
and
Dr.
opposite
conclusions
from
one
another.
Dr.
Green
workers
pneumoconiosis
and
dust-induced
chronic
cause of death and that the risk factors for this included the
myelodysplastic
syndrome
pneumoconiosis.
the
major
as
well
as
the
COPD
and
causal
and . . . cigarette
factor
smoking
in
and
the
Mr.
Masseys
myelodysplastic
death
syndrome
Naeye
disagreed
only
pneumoconiosis,
with
minimal
which
he
much
of
findings
believed
was
Dr.
of
Greens
coal
consistent
analysis,
workers
with
the
Dr.
that
Robert
Masseys
coal
workers
pneumoconiosis
Rather,
exclusively
he
by
believed
Masseys
that
history
the
of
emphysema
smoking,
was
caused
noting
that
addition
to
the
pathology
reports,
Othello
Massey
presented the ALJ with the opinions of Drs. Robert Cohen and
Donald Rasmussen, in which they concluded that Robert Masseys
lung impairment was caused by inhalation of coal dust and that
this predisposed him to develop the pneumonia that ultimately
caused his death.
Massey
had
lung
impairment
but
found
that
this
reviewing
the
autopsy
report,
the
two
other
the
ALJ
found
that
the
autopsy
of
Masseys
lungs
of
persuasive
because
Drs.
than
possibilities
Zaldivar,
those
their
of
Renn,
Drs.
Cohen,
did
not
opinions
or
Fino,
unsupported
and
Branscomb
Rassmusen,
rely
mathematical
on
and
more
Green
theoretical
formulas
to
support
and
studies
showed
only
that
relied
coal
on
dust
the
can
fact
cause
that
COPD,
some
and
medical
made
no
ALJ
pneumoconiosis
also
was
found
not
the
that
Robert
cause
of
his
Masseys
total
clinical
respiratory
As
to
disability
causation,
the
ALJ
found
that
the
Dr.
Cohens
opinion
focused
primarily
on
the
miners
the ALJ first rejected the opinion of Dr. Jelic because his
qualifications were not in the record and because he did not
provide any basis for his opinion.
he was crediting the opinion of Dr. Naeye over that of Dr. Green
because Dr. Green did not distinguish between Masseys clinical
pneumoconiosis and his COPD in giving the opinion that Masseys
lung disease contributed to his death.
the
order
on
the
ground
that
the
ALJ
had
failed
The
ALJ
explained
that
he
had
reconsidered
the
found
their
less
well
reasoned
and
well
Zaldivar
centrilobular
asserted,
even
though
emphysema,
that
this
they
was
not
too
a
had
form
observed
of
focal
of
did
Drs.
not
change
Green
and
upon
Cohen,
reconsideration
the
ALJ
held
of
the
that
his
unaffected,
and,
accordingly,
he
again
denied
benefits.
Following this denial, Othello Massey filed a motion for
reconsideration
which
prompted
the
ALJ
to
issue
yet
another
that Drs. Green and Cohen could not distinguish the effects of
smoking and coal dust exposure on developing COPD, while the
other
doctors
could
do
so,
explaining,
The
ability
of
Drs.
10
of
cigarette
assertions
smoke
of
Drs.
indistinguishable,
from
coal
Green
and
mine
and
further
dust
Cohen
calls
casts
that
doubt
the
into
on
the
effects
are
question
their
findings that both coal dust and cigarette smoke are causing the
miners
pulmonary
impairment.
The
ALJ
also
found
it
[were]
indistinguishable.
Finally,
the
ALJ
held
that
pulmonary
function
studies
showed
that
Robert
Masseys
opinion
on
the
cause
of
Robert
Masseys
respiratory
disability and that, to the extent that Dr. Cohen provided such
an opinion, he focused on the effects of Mr. Masseys emphysema,
which had already been determined to have been caused by smoking
rather than by coal dust exposure.
death,
the
ALJ
pathologist,
his
explained
opinion
that
because
deserved
Dr.
little
Cohen
was
weight.
not
The
ALJ
recognized that Dr. Green was a pathologist but noted that Dr.
Green
failed
to
distinguish
between
12
the
effects
of
Masseys
why he rejected the opinions of Drs. Cohen and Green and that
the ALJs rejection of these doctors opinions was proper.
The
BRB also held that the ALJ had appropriately determined that Dr.
Cohen did not identify clinical pneumoconiosis as a contributing
cause in Robert Masseys disability or death and that to the
extent Dr. Cohen provided an opinion on these issues, he focused
on Masseys emphysema, which had already been determined not to
have been caused by coal dust.
the
ALJs
conclusion
that
Dr.
Greens
testimony
did
not
of
the
miners
death,
he
did
not
identify
simple
the
BRBs
order
denying
benefits,
Massey
appealed,
the
Administrative
557(c)(3)(A).
Massey
Procedure
also
Act
contends
(APA),
that
the
ALJ
U.S.C.
failed
to
13
II
Our review of findings of fact in a claim for benefits
under the Black Lung Benefits Act is deferential.
The ALJ is
Doss v. Dir., OWCP, 53 F.3d 654, 658 (4th Cir. 1995), and our
role
on
appeal
simply
is
to
determine
whether
substantial
v.
Dir.,
OWCP,
F.3d
103,
106
(4th
Cir.
1993).
NLRB,
Hicks,
305
138
whether
U.S.
F.3d
524,
we
evidence
sufficiently
evidence.
229
528
substantial
determinations,
relevant
197,
(1938);
(4th
evidence
must
has
explained
his
Milburn
1998).
supports
first
been
Cir.
address
analyzed
and
rationale
Colliery
In
the
Co.
v.
determining
ALJ's
factual
whether
all
of
the
whether
the
ALJ
has
in
crediting
certain
United Coal Mining Co. v. Benefits Review Bd., 919 F.2d 451, 452
(7th Cir. 1990)).
For her APA challenge, Massey contends that the ALJ (1)
failed to explain on what basis he concluded that Dr. Cohens
opinion was entitled to less weight than the opinions of Drs.
Zaldivar
and
Naeye;
(2)
inadequately
explained
his
finding
Mr.
Masseys
respiratory
impairment,
but
could
not
inadequately
Cohen
failed
to
explained
account
his
for
finding
all
of
that
the
Drs.
Green
objective
and
medical
on
the
sanction,
557(c)(3).
intended
pedantry.
record,
be
well
as
the
relief
or
denial
duty
of
explanation,
This
to
as
mandate
for
appropriate
thereof.
however,
administrative
rule,
U.S.C.
is
verbosity
not
or
Piney Mt. Coal Co. v. Mays, 176 F.3d 753, 762 n.10
succinct one; the APA neither burdens ALJs with a duty of longwindedness nor requires them to assume that we cannot grasp the
obvious connotations of everyday language.
Co. v. Dir., OWCP, 137 F.3d 799, 803 (4th Cir. 1998).
Thus, as
long as a reviewing court can discern what the ALJ did and why
he did it, the duty of explanation is satisfied.
16
Mays, 176
F.3d at 762 n.10 (quoting Lane Hollow Coal Co., 137 F.3d at
803).
Based on our review of the record as a whole, we conclude
that
the
numerous
conclusions
are
explanations
sufficient
provided
to
satisfy
by
the
the
ALJ
APA.
for
In
his
three
he
reasons
was
he
relying
found
in
the
drawing
opinions
those
of
conclusions,
some
doctors
to
and
be
the
more
explain
basis
more
fully
the
on
which
he
was
rejecting
the
opinions of Drs. Green and Cohen, the ALJ devoted two additional
opinions almost exclusively to this question.
require
explanations
infinitum.
for
explanations
for
ad
what
[he]
did
and
explanation is satisfied.
Co., 137 F.3d at 803).
why
he
did
it,
the
duty
of
is
supported
evidence
support
as
a
by
substantial
reasonable
conclusion.
mind
evidence,
might
Hicks,
accept
138
or
F.3d
such
as
at
relevant
adequate
528
to
(quoting
In
this
case,
explanation.
the
ALJ
clearly
fulfilled
this
duty
of
she cannot be left wondering what the ALJ did and why he did
it.
other
and
are
consistent
with
the
objective
medical
that
the
ALJ
applied
the
correct
standard
in
18