At page 246 Reviewing agency findings of total disability under statute16 citing casesfinding harmless error for the ALJ to apply the wrong regulation where the relevant regulation would have compelled the same result
- PJM Power Providers Grp. v. FERC, No. 22-3796 (6th Cir. Dec. 21, 2023).published(finding harmless error for the ALJ to apply the wrong regulation where the relevant regulation would have compelled the same result)
- Ward v. SMC Coal & Terminal Co., 67 F. App'x 927 (6th Cir. 2003).unpublishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989).
- Jonida Trucking, Inc. v. Robert F. Hunt Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 124 F.3d 739 (6th Cir. 1997).publishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 2.
- B-West Imports, Inc. v. United States, 19 Ct. Int'l Trade 303 (Ct. Intl. Trade 1995).published(holding that agency’s application of wrong regulation was harmless error as petitioner failed to establish total disability meriting benefits under either provision)
- Granville Hollin, Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 47 F.3d 1169 (6th Cir. 1995).unpublishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989).
- Elbert Adkins v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 7 F.3d 232 (6th Cir. 1993).unpublishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 15 Accordingly, the BRB's decision affirming the ALJ's denial of benefits is hereby affirmed.
- Clyde Wilson v. Eastover Mining Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 7 F.3d 237 (6th Cir. 1993).unpublishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 15 There is no evidence in the record that ALJ Johnson awarded Wilson benefits and then reversed this award.
- Walker Hall v. Bjl Coal Co., Inc. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 4 F.3d 993 (6th Cir. 1993).unpublishedBelcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 12 Hall's motion to remand his case is based on additional evidence that he apparently obtained subsequent to the BRB's order affirming the denial of benefits.
- Thelma J. Stacy, Widow of Gilbert Stacy v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 940 F.2d 662 (6th Cir. 1991).unpublishedSee Faries v. Director, OWCP, 909 F.2d 170, 173-74 (6th Cir.1990); Belcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 10 Accordingly, since the ALJ's decision is supported by substantial evidence of record, the BRB's order denyin…
- Juda Baker, Widow of Chester Baker v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 929 F.2d 700 (6th Cir. 1991).unpublishedSee Faries v. Director, OWCP, 909 F.2d 170 , 173-74 and n. 4 (6th Cir.1990); Belcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989).
Show 6 more citing cases
- Dowell v. Peabody Coal Co., 917 F.2d 564 (6th Cir. 1990).unpublished(where petitioner unsuccessfully invokes interim presumptions of Part 410 and his proof fails to establish total disability under Part 410 or Part 718, ALJ's failure to consider claim under Part 718 is harmless error)
- Williams v. Skyview Min., 915 F.2d 1574 (6th Cir. 1990).unpublishedBelcher v. Director, O.W.C.P., 895 F.2d 244, 246 (6th Cir.1989).
- Jimmy L. Reynolds v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 907 F.2d 151 (6th Cir. 1990).unpublishedCouch v. Director, OWCP, 893 F.2d 130, 132 (6th Cir.1990); Belcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989); Knuckles v. Director, OWCP, 869 F.2d 996, 999 (6th Cir.1989). 19 REMANDED. * The Honorable Paul V.
- Patton v. Block Mountain Min., Inc., 47 F.3d 1170 (6th Cir. 1995).unpublishedSee Belcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989). 12 Accordingly, the petition for review is denied.
- Reathel Chapman v. Peabody Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 41 F.3d 1506 (6th Cir. 1994).unpublishedSee Belcher v. Director, OWCP, 895 F.2d 244, 246 (6th Cir.1989).
- Manalapan Mining Co., Inc. v. OWCP, No. 20-3240 (6th Cir. Jan. 21, 2021).unpublishedSee, e.g., Belcher v. Dir., OWCP, 895 F.2d 244, 246 (6th Cir. 1989).
At page 247 “After reviewing the record in this case, we find that there is substantial evidence to support the AU’s conclusion that neither Belcher’s testimony nor Dr.”2 citing cases
- Charles E. Reed v. Triple S Energy Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 43 F.3d 1468 (4th Cir. 1994).unpublishedSee Belcher v. Director, Office of Workers' Compensation Programs, 895 F.2d 244, 247 (6th Cir.1989).
- Curry v. Superior Pocahontas Coal Co., 21 F.3d 421 (4th Cir. 1994).publishedSee Belcher v. Director, Office of Workers' Compensation Programs, 895 F.2d 244, 247 (6th Cir.1989). 4 Even if a black lung claimant establishes the presence of a totally disabling respiratory impairment, he must separately establish that…
Other citing cases
- Chappell v. R.I. Dep't of Human Servs., 02-4586 (2003), No. C.A. No. PC 02-4586 (Sup. Ct. R.I. May 28, 2003).published
v.
DIRECTOR, OWCP, Respondent
Petitioner, Johnny 0. Belcher (“Belch-er”), appeals from the December 30, 1988 decision and order of the Benefits Review Board (“the Board”), denying his claim under the Black Lung Benefits Act, as amended, 30 U.S.C. § 932(a) (“the Act”). For the reasons stated below, we AFFIRM.
I.
On December 23, 1972, Belcher applied for benefits under Part B of the Act, as amended, 30 U.S.C. §§ 901-945. The Social Security Administration (“SSA”) initially denied the claim on June 27, 1973, and ultimately on September 6, 1974. On April 5, 1978, Belcher elected Social Security review of his denied claim. After the SSA denied benefits, the case was forwarded to the Department of Labor (“DOL”) as a new Part C application pursuant to 30 U.S.C. § 945(a). The DOL denied the claim on October 30, 1980. Belcher requested a formal hearing.
An administrative law judge (“AU”) conducted a hearing on April 21, 1987. On August 21, 1987, the AU issued a decision and order denying benefits. The AU found that the medical evidence of record was insufficient to invoke the interim presumption of total disability due to pneumo-coniosis. 20 C.F.R. § 727.203(a)(l)-(a)(4). Since Belcher could not invoke the interim presumption under 20 C.F.R. § 727.203(a), the AU considered his entitlement under 20 C.F.R. Part 410. The AU, relying upon medical assessments of Belcher’s functional ability to resume his former coal mine employment made by Dr. Sutherland, [1] decided to deny benefits under Part 410 be[*246] cause Belcher did not have a totally disabling respiratory impairment.
Belcher appealed to the Board which affirmed the denial of benefits in an unpublished decision issued December 30, 1988. The Board held that there was substantial evidence to support the AU’s finding that Belcher did not have a totally disabling respiratory or pulmonary impairment under 20 C.F.R. § 727.203(a)(4).
On this appeal, Belcher makes two claims: (1) that the AU erred in failing to invoke the interim presumption of total disability due to pneumoconiosis pursuant to 20 C.F.R. § 727.203(a); and (2) that the AU erred in failing to find the existence of pneumoconiosis pursuant to 20 C.F.R. § 410, subpart D.
II.
In Welch v. Benefits Review Board, 808 F.2d 443, 445 (6th Cir.1986), we concluded:
This court has a limited scope of review over the decisions of the Benefits Review Board. The Board itself may set aside an administrative law judge’s findings of fact and conclusions of law only if they are not supported by substantial evidence, or not in accordance with law. Our scope of review is limited to scrutinizing Board decisions for errors of law and for adherence to the statutory standard governing the Board’s review of the administrative law judge’s factual determinations. Gibas v. Saginaw Mining Co., 748 F.2d 1112, 1116 (6th Cir.1984), cert. denied, 471 U.S. 1116, 105 S.Ct. 2357, 86 L.Ed.2d 258 (1985).
Thus, our review in this case is limited to examining the AU’s decision to determine whether it is consistent with the Act and “supported by substantial evidence in the record considered as a whole.” 33 U.S.C. § 921(b)(3). See Warman v. Pittsburg & Midway Coal Min. Co., 839 F.2d 257, 258 (6th Cir.1988).
The Black Lung Benefits Act was intended to “provide benefits ... to coal miners who are totally disabled due to pneumoco-niosis.” 30 U.S.C. § 901(a). A miner is deemed totally disabled when “pneumoconi-osis prevents him or her from engaging in gainful employment requiring skills and abilities comparable to those of any employment in a mine_” 30 U.S.C. § 902(f)(1)(A).
If a miner has engaged in coal mine employment for at least ten years and meets one or more of the Part 727 medical requirements, then “he will be presumed to be totally disabled due to pneumoconiosis.” 20 C.F.R. § 727.203(a). If a miner cannot sustain the presumption of total disability under Part 727, then he must affirmatively prove that he is totally disabled under Part 410 or Part 718, and that his disability results from pneumoconiosis. 20 C.F.R. Part 410; Martin v. Alabama By-Products Corp., 864 F.2d 1555, 1557 (11th Cir.1989).
III.
Harmless error resulted when the AU applied Part 410, subpart D instead of Part 718. When he considered Belcher’s claim under Part 410 criteria, the AU followed the Board’s decision in Muncy v. Wolfe Creek Collieries, 3 Black Lung Rep. (MB) 1-627 (Ben.Rev.Bd.1981), which we approved in Director, OWCP v. Forester, 857 F.2d 1121 (6th Cir.1988). However, we later held, in Knuckles v. Director, OWCP, 869 F.2d 996, 999 (6th Cir.1989), that claims filed before March 31, 1980 but adjudicated by an AU after that date should be considered under the Part 718 permanent regulations. Belcher originally filed his claim on December 23,1972 with SSA. However, he elected review by DOL in April 1978. The date of election becomes the Part C filing date. 30 U.S.C. § 945. Therefore, the AU should have considered Belcher’s claim under Part 718 after it was denied under Part 727. Knuckles, 869 F.2d at 999. As Belcher’s proof fails to establish total disability under either Part 410 or Part 718, the error is harmless.
IV.
Based on our review of the medical reports, we find substantial evidence supports the AU’s decision to decline the invocation of the interim presumption of total disability due to pneumoconiosis. Belcher claims that the AU erred in rejecting Dr.[*247] Odom's May 1973 medical report which Belcher claims establishes his total disability. The AU rejected Dr. Odom’s assessment of Belcher’s medical condition because the documentation fails to support the physician’s conclusions. The AU properly found, after examining the reasoning of the medical opinion in light of the studies conducted and the objective indications upon which the physician’s conclusion is based, that Dr. Odom’s report did not exemplify the reasoned medical judgment required under 20 C.F.R. § 727.203(a)(4). See Rowe v. Director, OWCP, 710 F.2d 251, 255 (6th Cir.1983).
V.
Where objective tests fail to establish that a petitioner is totally disabled, he may nevertheless be found totally disabled due to pneumoconiosis if other evidence establishes a chronic respiratory or pulmonary impairment which, due to its severity, prevents him not only from doing his previous coal mine work but also from being employed in comparable and gainful work. 20 C.F.R. § 410.426(d). After reviewing the record in this case, we find that there is substantial evidence to support the AU’s conclusion that neither Belcher’s testimony nor Dr. Odom's report establishes that Belcher is totally disabled due to a respiratory impairment. Belcher testified that he has engaged in comparable and gainful employment as a mechanic in the mines and as a part-time air conditioner service person. In addition to the lack of reasoned medical judgment present in Dr. Odom’s assessment of Belcher's medical condition, we conclude that objective test results and the medical reports submitted by Dr. Sutherland and Dr. Fritzhand provide substantial evidence to support the AU’s denial of benefits.
Accordingly, we conclude that the Board correctly affirmed the decision of the AU denying black lung benefits to Belcher. The decision and order of the Board are AFFIRMED.
. The ALJ found that Dr. Sutherland's medical report was entitled to more weight than the reports of Drs. Odom and Fritzhand.