Robert Sexton v. F. David Mathews, Sec'y of Health, Educ., & Welfare, 538 F.2d 88 (4th Cir. 1976). · Go Syfert
Robert Sexton v. F. David Mathews, Sec'y of Health, Educ., & Welfare, 538 F.2d 88 (4th Cir. 1976). Cases Citing This Book View Copy Cite
19 citation events across 4 distinct courts.
Strongest positive: Ralph Stacy v. Director, Office of Workers' Compensation Programs, United States Department of Labor Jewell Coal & Coke Company (ca4, 1992-09-03)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) Ralph Stacy v. Director, Office of Workers' Compensation Programs, United States Department of Labor Jewell Coal & Coke Company
4th Cir. · 1992 · confidence medium
Because we have concluded in prior cases that coke oven work is not covered by the Act, Sexton v. Mathews, 538 F.2d 88, 89 (4th Cir. 1976) (per curiam), we affirm the Board's order in this respect.
cited Cited as authority (rule) Raymond K. Justice v. Jewell Coal & Coke Company, Director, Office of Workers Compensation Programs, United States Department of Labor
4th Cir. · 1990 · confidence medium
Collins v. Director, OWCP, 795 F.2d 368 (4th Cir.1986); Sexton v. Mathews, 538 F.2d 88, 89 (4th Cir.1976).
discussed Cited as authority (rule) Otto L. Fox v. Director, Office of Workers Compensation Programs, United States Department of Labor (2×)
11th Cir. · 1989 · confidence medium
Foreman, 794 F.2d at 569, 571 (claimant held not a miner even though ore mine power plant where he worked utilized raw materials from company owned mines); Johnson, 389 F.Supp. at 1298 (chemical plant not a coal mine even though coal washed and crushed on site supplied from company owned mines); Sexton v. Mathews, 538 F.2d at 88-89 (work in coke ovens owned by mining company held not to be coal mine employment). 30 .
discussed Cited as authority (rule) Ernest F. Hanna v. Director, Office of Workers' Compensation Programs, United States Department of Labor (2×) also: Cited "see"
3rd Cir. · 1988 · confidence medium
Cf. Mitchell v. Director, OWCP, 855 F.2d 485, 490 (7th Cir.1988) (railroad employee who worked under the direction of mine workers, to wash railroad cars prior to the loading of those cars for the delivery of coal performed a task that was “necessarily ... performed prior to the loading of coal ... [and therefore] was indispensable to [the mine company’s] preparation of coal for delivery,” and the AU erred in not finding that he was a miner under the Act); Sexton, 538 F.2d at 89 (employee who shoveled coal from tipple into lorry performed a task that “falls within the statutory definit…
discussed Cited as authority (rule) Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor v. West Virginia Workers' Compensation Coal-Workers' Pneumoconiosis Fund
4th Cir. · 1988 · confidence medium
Failure to satisfy either element of the test precludes a finding that a worker is a "miner." See, e.g., Collins v. Director, Office of Workers Compensation Programs, 795 F.2d 368, 371-72 (4th Cir.1986) (driver who hauled slate--a coal by-product, but not "coal"--away from tipple was not involved in coal extraction or mining and was not a "miner"); Eplion v. Director, Office of Workers' Compensation Programs, 794 F.2d 935, 937 (4th Cir.1986) (worker was not a "miner" where his only contact with coal occurred after it had been processed and delivered for market, and his duty was to knock open r…
discussed Cited as authority (rule) Everett Cruickshanks v. Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1987 · confidence medium
Similarly, in Sexton v. Mathews, 538 F.2d 88, 89 (4th Cir.1976), we held that because loading coal at the tipple into a lorry is considered a part of preparing coal, there is no sound reason for excluding this activity from the definition of coal mine employment. 5 These two decisions make it clear that appellant was engaged in coal mine employment within the meaning of the regulations for the two years he was driving his truck from the mine to the tipple.
Retrieving the full opinion text from the archive…
Robert SEXTON, Appellant,
v.
F. David MATHEWS, Secretary of Health, Education, and Welfare, Appellee
76-1126.
Court of Appeals for the Fourth Circuit.
Jun 10, 1976.
538 F.2d 88
Robert T. Winston, Norton, Va., for appellant., William Reinhart, Asst. Regional Atty. (Stephanie W. Naidoff, Regional Atty., Region III, Office of Gen. Counsel, Dept, of Health, Education and Welfare, Paul R. Thomson, Jr., U. S. Atty., and E. Montgomery Tucker, Roanoke, Va., Asst. Ü. S. Atty., on brief), for appellee.
Butzner, Field, Per Curiam, Wyzanski.
Cited by 12 opinions  |  Published
PER CURIAM:

Robert Sexton, concededly suffering from pneumoconiosis, appeals from a judgment of the district court that he is not entitled to the black lung benefits provided by the 1972 Amendments to the Federal Coal Mine Health and Safety Act. ** The Secretary found, and the district court agreed, that the Act did not afford coverage to a person engaged in manufacturing coke, even though his job exposed him to coal dust and his employer was a mining company. We affirm on this aspect of Sexton’s claim but remand the case for further proceedings concerning other work Sexton did.

The 1972 Amendments provide benefits to a miner who is disabled by pneumoconiosis as a result of extracting or preparing coal. 30 U.S.C. §§ 901 et seq. The Secretary ruled that Sexton’s job of making coke was not related to the extraction or preparation of coal. His duties, the Appeals Council wrote, “were associated with the utilization of the coal for some separate industrial process after it had been extracted and prepared by the coal mine operation.”

Obviously, Sexton was not employed in extracting coal. Whether he was engaged in preparation of coal is a closer question. The 1972 Amendments do not describe the work included in preparing coal. The 1969 Act, however, contains a definition which we believe is applicable. There, “work of preparing the coal” is defined as “the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and such other work of preparing such coal as is usually done by the operator of the coal mine.” 30 U.S.C. § 802(i). Sexton’s job of putting coal in the coke ovens, leveling the coal within the oven, pulling the coke from the oven, and shoveling the finished coke for shipment cannot be classified as the preparation of coal as defined by the Act. We therefore conclude that Sexton’s work at the coke ovens does not qualify him for benefits. Cf. Johnson v. Weinberger, 389 F.Supp. 1296 (S.D.W.Va.1974).

The record also discloses that Sexton performed other work for the coal company. One of his jobs was to shovel coal from the tipple into a lorry. This falls within the statutory definition of the work of preparing coal which we have quoted. See 30 U.S.C. § 802(i). It is of no consequence that the loaded coal was destined for the coke ovens. The danger of inhaling coal dust is neither lessened nor aggravated by the ultimate use of the coal. Since loading coal at a coal mine is considered a part of preparing coal, we perceive no sound reason for excluding the loading of coal at a mine simply because it is to be hauled to a coke oven. Accordingly, while we agree that Sexton’s work of manufacturing coke did not qualify him for benefits, we vacate the judgment and direct the district court to remand the case to the Secretary so that he may determine whether there is a causal relationship between Sexton’s work of loading coal at the mine and his disability.

**

Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 801 et seq., as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. §§ 901 et seq. See also 20 C.F.R. Part 410.