James B. Maxey v. Joseph A. Califano, Jr., Sec. Of Health, Educ. & Welfare, 598 F.2d 874 (4th Cir. 1979). · Go Syfert
James B. Maxey v. Joseph A. Califano, Jr., Sec. Of Health, Educ. & Welfare, 598 F.2d 874 (4th Cir. 1979). Cases Citing This Book View Copy Cite
25 citation events (1 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Monarch Construction Co. v. Ohio School Facilities Commission
Oh. Ct. Com. Pl., Franklin Civil Division · 2002 · confidence medium
Co. [1983], 463 U.S. 29, 43 , 103 S.Ct. 2856 , 77 L.Ed.2d 443 ); Maxey v. Califano (C.A.4, 1979), 598 F.2d 874, 876 (“The bald conclusion, unsupported by reasoning or evidence, is generally of no use to a reviewing court.”). {¶ 141} Even when specific reasons were finally aired by Turner at the protest meeting, the reasons were like shifting dunes of sand, providing no firm footing for Monarch to successfully build a defense or explanation for the ultimate decision makers, Tri-Village and OSFC. {¶ 142} All parties agree that the public and the taxpayers of Ohio have a vital interest in h…
discussed Cited as authority (rule) Robert A. Halstead, Jr. v. Federal Crop Insurance Corporation United States Department of Agriculture
4th Cir. · 1997 · confidence medium
AFFIRMED 1 5 U.S.C.A. § 706 (2)(A) (West 1996) 2 Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971) 3 Camp v. Pitts, 411 U.S. 138, 142 (1973) (per curiam) 4 Asarco, Inc. v. United States Environmental Protection Agency, 616 F.2d 1153, 1160 (9th Cir.1980) 5 470 U.S. 729, 744 (1985) 6 Compare McGlone v. Heckler, 791 F.2d 1119, 1120 (4th Cir.1986) (allowing consideration of additional evidence submitted to district court), with Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979) (remanding to agency for examination of relevant evidence) 7 Cronin v. United States Departmen…
discussed Cited as authority (rule) Halstead v. Federal Crop Ins
4th Cir. · 1997 · confidence medium
The Seventh Circuit strictly limits the use of evidentiary hearings because "[a]dministrative agencies deal with technical questions, and it is imprudent for the generalist judges of the federal district courts and courts of appeals to consider testimonial and documentary evidence bearing on those questions unless the evi- dence has first been presented to and considered by the agency."7 Hal- _________________________________________________________________ 2 Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). 3 Camp v. Pitts, 411 U.S. 138, 142 (1973) (per curiam). 4 As…
cited Cited as authority (rule) Dominion Coal Corporation v. Ezekial H. Vance Director, Office of Workers Compensation Programs, United States Department of Labor
4th Cir. · 1997 · confidence medium
Dominion is correct that "[a] bald conclusion, unsupported by reasoning or evidence, is generally of no use to a reviewing court." Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979).
cited Cited as authority (rule) Dominion Coal Corp v. Vance
4th Cir. · 1997 · confidence medium
Dominion is correct that 10 "[a] bald conclusion, unsupported by reasoning or evidence, is gener- ally of no use to a reviewing court." Maxey v. Califano, 598 F.2d 874, 876 (4th Cir. 1979).
discussed Cited as authority (rule) Consolidation Coal Company v. Donald E. Filer Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1996 · confidence medium
Maxey v. Califano, 598 F.2d 874, 875 (4th Cir.1979); Arnold, 567 F.2d at 259-60 . 31 The administrative determination in this case must be remanded because the decision of the ALJ does not reflect that all relevant evidence has been considered.
cited Cited as authority (rule) Filer v. Consolidation Coal
4th Cir. · 1996 · confidence medium
Maxey v. Califano, 598 F.2d 874, 875 (4th Cir. 1979); Arnold, 567 F.2d at 259-60 .
cited Cited as authority (rule) Earl Slusher v. Director, Office of Workers' Compensation Programs
6th Cir. · 1992 · confidence medium
Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979).
discussed Cited as authority (rule) Katherine A. Blevins, Widow of William Blevins v. Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1990 · confidence medium
As well, the ALJ and the Board were not required to accept the various affidavits, the makers of some of which, at least, were not in as favorable a position as they might have been to state the sought-for conclusions. 6 As to the connection between Blevins' coal mine employment and his pneumoconiosis, however, we think the order from which this petition for review is sought must be vacated and the case remanded for further consideration. * 7 In the case of Maxey v. Califano, 598 F.2d 874, 876, n. 3 (4th Cir.1979), we held that if the record does not suggest any employment except coal mine emp…
discussed Cited as authority (rule) James E. Green v. Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1990 · confidence medium
Maxey v. Califano, 598 F.2d 874, 876, n. 3 (4th Cir.1979). 10 In view of the foregoing, we are of opinion that the findings that Green has pneumoconiosis, as well as the finding that Green is totally disabled from pneumoconiosis, are not subject to further review and must stand as findings in this case.
examined Cited as authority (rule) Director, Office of Workers' Compensation Programs, United States Department of Labor v. Georgia Congleton (4×) also: Cited "see, e.g."
6th Cir. · 1984 · confidence medium
Although “[a] bald conclusion, unsupported by reasoning or evidence, is generally of no use to a reviewing court," Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979), and a court should not have to speculate as to an AU’s reasoning process, Schaaf v. Mathews, 574 F.2d 157, 160 (3d Cir.1978), we ought not to be “disposed to overturn a sound decision if the agency’s path, although not ideally clear, may reasonably be discerned.” Benmar Transport & Leasing Corp. v. ICC, 623 F.2d 740 , 746 (2d Cir.1980).
cited Cited "see" Dowell Bailey v. Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1994 · signal: see · confidence high
See Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979).
cited Cited "see" Anna Wisniewski, Widow of Edward Wisniewski v. Director, Office of Workers' Compensation Programs, United States Department of Labor
3rd Cir. · 1991 · signal: see · confidence high
See Maxey v. Califano, 598 F.2d 874 , 876 n. 3 (4th Cir.1979).
cited Cited "see" Mary Ratliff, Widow of Burl Ratliff, Deceased v. Director, Office of Workers Compensation Program, United States Department of Labor
4th Cir. · 1989 · signal: see · confidence high
See Maxey v. Califano, 598 F.2d 874 , 876 n. 3 (4th Cir.1979). 5 The record includes the report of Dr. Schmidt, who diagnosed coal workers' pneumoconiosis 1/1 p.
cited Cited "see" John B. Shrader v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
4th Cir. · 1979 · signal: see · confidence high
See Maxey v. Califa-no, 598 F.2d 874 (4th Cir. 1979). 4 .
cited Cited "see, e.g." Edith Rose v. Director, Office of Workers Compensation Program, United States Department of Labor
4th Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., Maxey v. Califano, 598 F.2d 874, 875, 876 (4th Cir.1979); Arnold v. Secretary of HEW, 567 F.2d 258 (4th Cir.1977).
discussed Cited "see, e.g." Helen Hillibush, Widow of Edward Hillibush, Deceased v. U.S. Department of Labor, Benefits Review Board
3rd Cir. · 1988 · signal: see also · confidence medium
See Peabody Coal Co. v. Hale, 771 F.2d 246, 249-50 (7th Cir.1985); see also Maxey v. Califano, 598 F.2d 874, 876 (4th Cir.1979) (in black lung cases, AU’s unexplained conclusion as to the length of the claimant’s coal mine employment is of no use to reviewing court).
Retrieving the full opinion text from the archive…
James B. MAXEY, Appellant,
v.
Joseph A. CALIFANO, Jr., SEC. of Health, Education and Welfare, Appellee
78-1793.
Court of Appeals for the Fourth Circuit.
May 21, 1979.
598 F.2d 874
Deborah Garton Gibson, Bluefield, W. Va. (Hensley, Muth & Gibson, Bluefield, W. Va., on brief), for appellant., Barbara E. Nicastro, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., Charleston, W. Va., on brief), for appellee.
Bryan, Hall, Per Curiam, Warriner.
Cited by 22 opinions  |  Published
PER CURIAM:

James B. Maxey appeals from a final order of the district court affirming the decision of the Secretary of Health, Education and Welfare that he was not entitled to “black lung” benefits sought pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Our scope of review is confined to determining whether the Secretary’s denial was supported by substantial evidence. If such support exists, we must affirm. If not, we must reverse. 30 U.S.C. § 923(b), incorporating by reference § 205(b) of the Social Security Act, 42 U.S.C. § 405(b). See Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir. 1968). In this case we conclude that the Secretary failed to give proper consideration to certain evidence, and we must remand for further consideration. Arnold v. Secretary of H.E.W., 567 F.2d 258 (4th Cir. 1977).

Although Maxey alleged fifteen years of coal mine employment, the ALJ found that less than two years had been proved. With this “minimal amount of coal mine employment,” the ALJ held [1] that there was no causal connection between any breathing impairment and said employment. [1] The Appeals Council affirmed without comment. Claimant contends that he has presented conclusive evidence of at least ten years of coal mine employment, entitling him to the causal presumption of 20 C.F.R. § 410.416(b), but this evidence has never been properly considered.

The ALJ’s finding was based primarily upon Maxey’s social security earnings records, which covered the years from 1946 to 1966 and showed only sporadic coal mine employment totaling less than two years in the aggregate. Maxey testified that most of his coal mine employment was in small “punch mines” [2] run by independent operators who did not turn in social security payments or keep accurate records. In support of his claim he submitted nine affida[*876] vits from fellow workers who stated that they had worked in the mines with Maxey during various time periods in the years at issue.

Four of these affidavits were submitted at the administrative hearing. The ALJ noted them in his recitation of the evidence presented, but evaluated only one, that of James Ward. He discounted the affidavit because Ward .stated that he worked with Maxey on a regular and continuous basis from 1953 to 1963, while Maxey had testified that his employment during those years was sporadic. Accordingly,

“[t]he Administrative Law Judge finds no basis to accept the testimony [of Maxey and Ward] over that of the documented evidence [the social security earnings record], which establishes very little coal mine employment.”

Maxey submitted five additional affidavits to the Appeals Council. The Council acknowledged receipt, but did not mention the additional evidence in its routine affirmance of the ALJ’s decision.

In Arnold v. Secretary of H.E.W., 567 F.2d at 259, we held that “the Secretary, in determining an applicant’s entitlement to black lung benefits, must consider all relevant evidence, including that accumulated after June 30, 1973, and must indicate explicitly that such evidence has been weighed and its weight.” A bald conclusion, unsupported by reasoning or evidence, is generally of no use to a reviewing court. Jordan v. Califano, 582 F.2d 1333, 1335 (4th Cir. 1978).

In this case, Maxey has submitted eight pieces of relevant evidence on the employment issue which have not been considered on the record, if at all. Under Arnold the case must be remanded for the Secretary to give this evidence adequate consideration and to articulate his conclusions with respect thereto. [3] Accordingly, the judgment of the district court is reversed and the case remanded for further proceedings not inconsistent with this opinion.

REVERSED.

1

. Since the claim was denied on this basis, Maxey’s medical evidence has never been evaluated to establish the presence or absence of pneumoconiosis.

2

. “Punch mines” are small, non-union mines run by independent operators for brief periods of time. In some instances the operators mine privately owned tracts of land; in others they contract with large companies to mine certain veins.

Maxey contends that punch mine operators in southern West Virginia frequently fail to turn in social security payments. If true, this could account for the substantial gaps in his social security earnings record. We express no view on the merits of the argument but assume that it will be addressed in any further proceedings on remand. See Birmingham v. Secretary of H.E.W., 426 F.Supp. 1320 (E.D.Pa.1977).

3

. Should Maxey yet fail to establish ten years of coal mine employment entitling him to the presumption of § 410.416(b), he should be given an opportunity to present other evidence that his pneumoconiosis arose out of employment in the Nation’s coal mines. The Secretary appears to have considered § 410.416(b) a double-edged sword: when Maxey was found to have less than ten years in the mines, the causal connection was presumed not established. We find no support in the Act or its history for this result.

Pneumoconiosis is defined in the Act as a chronic dust disease of the lung. 30 U.S.C. § 902(b). If a claimant has pneumoconiosis yet cannot establish ten years of coal mine employment, we think the nature of his non-coal mine work would be probative. For example, in Cantrell v. Califano, 578 F.2d 549 (4th Cir. 1978) the claimant’s non-coal mine employment exposed him to substantial amounts of dust from coal and coke. On those facts we held that the Secretary’s determination that causation was not established, was supported by substantial evidence. Conversely, if a claimant’s non-coal mine employment did not expose him to coal dust, this would be good evidence that his pneumoconiosis arose from his coal mine employment.