David Warth v. S. Ohio Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 60 F.3d 173 (4th Cir. 1995). · Go Syfert
David Warth v. S. Ohio Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 60 F.3d 173 (4th Cir. 1995). Cases Citing This Book View Copy Cite
“chronic obstructive lung disease . . . is encompassed within the definition of pneumoconiosis for the purposes of entitlement to black lung benefits.”
77 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: West Virginia CWP Fund v. Donald Bell, Sr. (ca4, 2019-08-06)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) West Virginia CWP Fund v. Donald Bell, Sr.
4th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
chronic obstructive lung disease . . . is encompassed within the definition of pneumoconiosis for the purposes of entitlement to black lung benefits.
discussed Cited as authority (rule) Incoal, Inc. v. OWCP (2×) also: Cited "see, e.g."
6th Cir. · 2024 · confidence medium
Coal Co., 60 F.3d 173, 175 (4th Cir. 1995) (quoting 20 C.F.R. § 718.201 ), the definitional debate came to a head in the 1990s as some experts contended that “obstructive lung disorders could not be caused by inhalation of coal mine dusts,” Murchison, Due Process at 1049 (emphasis added) (citing Warth, 60 F.3d at 174 ).
cited Cited as authority (rule) Sea \B\" Mining Company v. Dunford"
4th Cir. · 2006 · confidence medium
See 20 C.F.R. § 718.201 (a)(2); Stiltner, 86 F.3d at 341 ; Warth v. S. Ohio Coal Co., 60 F.3d 173, 174-75 (4th Cir.1995). 5 .
discussed Cited as authority (rule) Bethenergy Mines, Inc. v. Rowan (2×) also: Cited "see"
4th Cir. · 2002 · confidence medium
In this case, it is undisputed that (1) Rowan had at least minimal simple pneumoconiosis, (2) he had centrilobular emphysema, a type of COPD, See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995) (holding that COPD is encompassed within the definition of pneumoconiosis), (3) COPD was a substantial contributor to Rowan’s death, and (4) Rowan worked in the mines for at least 24 years. 8 Thus, the only question in dispute is whether Rowan’s centrilobular emphysema was caused by coal dust exposure.
discussed Cited as authority (rule) United States Steel Mining Co. v. Director, Office of Workers' Compensation Programs
4th Cir. · 2002 · confidence medium
For example, chronic obstructive pulmonary disorder is encompassed within the legal definition of pneumoconiosis under the Act. 20 C.F.R. § 718.201 (a)(2) (listing chronic obstructive pulmonary disease as a type of “legal” pneumoconiosis); Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995) (“Chronic obstructive lung disease thus is encompassed within the definition of pneumoconiosis for purposes of entitlement to Black Lung benefits.”).
discussed Cited as authority (rule) Burek v. Valley Camp Coal Co. (2×)
4th Cir. · 2001 · confidence medium
Our Court has previously observed that “[COPD] ... is encompassed within the definition of pneumoconiosis for purposes of entitlement to Black Lung benefits.” Worth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995).
discussed Cited as authority (rule) Bolen v. DOWCP
4th Cir. · 1998 · confidence medium
We also note that crediting these reports does not, contrary to Bolen's assertion, violate our holding in Warth v. Southern Ohio Coal Co., 60 F.3d 173, 174-75 (4th Cir. 1995), that a physician's opinion that coal dust exposure can never cause obstructive impairment is inimical to the Black Lung Benefits Act.
discussed Cited as authority (rule) Stiltner v. Island Creek Coal Co (2×)
4th Cir. · 1996 · confidence medium
(J.A. at 567.) 2 See Curry v. Beatrice Pocahontas Coal Co., 67 F.3d 517, 521 (4th Cir. 1995) (discounting physicians' opinions because they assumed the miner did not have pneumoconiosis when in fact ALJ invoked interim presumption based on x-ray evidence of pneumoconiosis under § 727.203(a)(1)); Grigg v. Director, OWCP , 28 F.3d 416, 419 (4th Cir. 1994) (same). 3 Cf. Dehue Coal Co. v. Ballard , 65 F.3d 1189, 1194 (4th Cir. 1995) (holding physicians' opinions were probative because they were consis- tent with ALJ's findings that the miner suffered from simple pneumoco- niosis and was totally d…
examined Cited as authority (rule) John Stiltner v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor (4×) also: Cited "see"
4th Cir. · 1996 · confidence medium
He examined Stiltner's medical history, PFS, blood gas tests, and x-ray readings performed by other physicians and diagnosed chronic bronchitis with no restriction. 10 Dr. Renn's belief that Stiltner had never displayed crackles may have been incorrect, but it did not diminish the reliability of his ultimate conclusion. 1 This is not a case where the medical opinion founders because of an erroneous assumption that contradicts the factual findings underlying the interim presumption. 2 To the contrary, Dr. Renn's opinion identifies the chronic respiratory disease supporting the interim presumpti…
discussed Cited as authority (rule) Badger Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor Doyle Kittle
4th Cir. · 1996 · confidence medium
We agree with [the miner] that these assumptions are erroneous.... 39 Chronic obstructive lung disease thus is encompassed within the definition of pneumoconiosis for purposes of entitlement to Black Lung benefits. 40 Warth v. Southern Ohio Coal Co., 60 F.3d 173, 174 (4th Cir.1995).
cited Cited as authority (rule) Badger Coal Company v. DOWCP
4th Cir. · 1996 · confidence medium
Warth v. Southern Ohio Coal Co., 60 F.3d 173, 174 (4th Cir. 1995).
discussed Cited "see" Dante Coal Co. v. Director, Office of Workers' Compensation Programs (2×) also: Cited "see, e.g."
4th Cir. · 2006 · signal: see · confidence high
See Worth v. S. Ohio Coal Co., 60 F.3d 173, 174-75 (4th Cir.1995).
cited Cited "see" Toler v. Eastern Assoc Coal
4th Cir. · 1998 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173 (4th Cir. 1995).
cited Cited "see" Deel v. Baker Coal Company
4th Cir. · 1997 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir. 1995).
cited Cited "see" Richardson v. DOWCP
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir. 1995).
cited Cited "see" Arlette Richardson, Widow of Stuart Richardson v. Director, Office of Workers' Compensation Programs, United States Department of Labor
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995).
discussed Cited "see" Bethenergy Mines, Inc. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 174 (4th Cir.1995); Eagle v. Armco, Inc., 943 F.2d 509 , 511 n. 2 (4th Cir.1991) (expert opinion that breathing coal mine dust does not cause chronic obstructive lung disease "must be considered bizarre in view of [ ] Congress' explicit finding to the contrary."); see also Stiltner v. Island Creek Coal Co., No. 95-1192, 1996 WL 328634, at * 3 ("[W]e have rejected as inimical to the [Black Lung Benefits] Act the premise that obstructive disorders cannot be caused by coal-mine employment ....") (citation and internal quotation marks omitted).
discussed Cited "see" BethEnergy Mines Inc v. DOWCP
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173, 174 (4th Cir. 1995); Eagle v. Armco, Inc., 943 F.2d 509 , 511 n.2 (4th Cir. 1991) (expert opinion that breathing coal mine dust does not cause chronic obstructive lung disease "must be considered bizarre in view of [ ] Congress' explicit finding to the contrary."); see also Stiltner v. Island Creek Coal Co., No. 95-1192, 1996 WL 328634, at *3 ("[W]e have rejected as inimical to the [Black Lung Benefits] Act the prem- ise that obstructive disorders cannot be caused by coal-mine employ- ment. . . .") (citation and internal quotation marks omitted…
cited Cited "see" Island Creek Coal Co v. DOWCP
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173 (4th Cir. 1995).
discussed Cited "see" Island Creek Coal Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor
4th Cir. · 1996 · signal: see · confidence high
See Warth v. Southern Ohio Coal Co., 60 F.3d 173 (4th Cir.1995). 5 Finally, we note that neither Dr. Fino nor Dr. Tuteur personally examined the miner, and their opinions are not supported by reports from an examining physician.
discussed Cited "see, e.g." Harman Mining Co. v. Director, Office of Workers' Compensation Programs
4th Cir. · 2012 · signal: see also · confidence medium
As a part of its 2000 revision of its regulations, the Department also expressly agreed with the courts that legal pneumoconiosis includes “any chronic restrictive or obstructive pulmonary disease arising out of coal mine employment.” Id.; see also Warth v. S. Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995) (holding that chronic obstructive lung disease “is encompassed within the definition of pneumoco *309 niosis for purposes of entitlement to Black Lung benefits”).
discussed Cited "see, e.g." Clinchfield Coal Co. v. Fuller
4th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Warth, 60 F.3d at 175 (remanding for potential award of benefits where exposure to coal dust may have aggravated the miner’s chronic obstructive lung disease).
discussed Cited "see, e.g." Gulf & Western Industries v. Ling
4th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Richardson v. Director, OWCP, 94 F.3d 164 , 166 n. 2 (4th Cir.1996)("COPD, if it arises out of coal-mine employment, clearly is encompassed within the legal definition of pneumoconiosis, even though it is a disease apart from clinical pneumoconiosis.”) (citing Worth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995)).
discussed Cited "see, e.g." Gulf & Western Industries v. Ling
4th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Richardson v. Director, OWCP, 94 F.3d 164 , 166 n. 2 (4th Cir.1996)("COPD, if it arises out of coal-mine employment, clearly is encompassed within the legal definition of pneumoconiosis, even though it is a disease apart from clinical pneumoconiosis.") (citing Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995)).
discussed Cited "see, e.g." Underwood v. Elkay Mining (2×)
4th Cir. · 1997 · signal: see also · confidence medium
For example, this circuit, as well as most other circuits, has already concluded that an ALJ must not rely upon the opinion of an expert who expresses an opinion based on a premise "antithetical to the Black Lung Benefits Act" because such an opinion "is not probative." Thorn v. Itmann Coal Co., 3 F.3d 713, 719 (4th Cir.1993); see also Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995); Robinson v. Missouri Mining Co., 955 F.2d 1181, 1183 (8th Cir.1992); Robbins v. Jim Walter Resources, Inc., 898 F.2d 1478, 1482 (11th Cir.1990); Penn Allegheny Coal Co. v. Mercatell, 878 F.2d 106,…
discussed Cited "see, e.g." Underwood v. Elkay Mining, Inc. (2×)
4th Cir. · 1997 · signal: see also · confidence medium
For example, this circuit, as well as most other circuits, has already concluded that an ALJ must not rely upon the opinion of an expert who expresses an opinion based on a premise “antithetical to the Black Lung Benefits Act” because such an opinion “is not probative.” Thorn v. Itmann Coal Co., 3 F.3d 713, 719 (4th Cir.1993); see also Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995); Robinson v. Missouri Mining Co., 955 F.2d 1181, 1183 (8th Cir.1992); Robbins v. Jim Walter Resources, Inc., 898 F.2d 1478, 1482 (11th Cir.1990); Penn Allegheny Coal Co. v. Mercatell, 878 F…
discussed Cited "see, e.g." Dehue Coal Company v. Laymond Ballard Director, Office of Workers' Compensation Programs, United States Department of Labor (2×)
4th Cir. · 1995 · signal: see also · confidence medium
See also Warth v. Southern Ohio Coal Co., 60 F.3d 173, 175 (4th Cir.1995) (vacating order denying benefits where ALJ improperly credited physicians' opinions of no pneumoconiosis based on erroneous assumptions). 13 In Hobbs II, we confronted a slightly different context than that in Grigg.
Retrieving the full opinion text from the archive…
David WARTH, Petitioner,
v.
SOUTHERN OHIO COAL COMPANY; Director, Office of Workers’ Compensation Programs, United States Department of Labor, Respondents
94-2635.
Court of Appeals for the Fourth Circuit.
Jul 31, 1995.
60 F.3d 173
ARGUED: John Henry Skaggs, Calwell & Mccormick, Charleston, WV, for petitioner. Brian D. Hall, Porter, Wright, Morris & Arthur, Columbus, OH, for respondents.
Russell, Widener, Sprouse.
Cited by 39 opinions  |  Published

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge RUSSELL and Senior Judge SPROUSE concurred.

WIDENER, Circuit Judge:

Petitioner David Warth appeals from an order of the Benefits Review Board affirming a denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. For the following reasons, we vacate the Board’s order and remand the action to the Board with instructions to remand the action to an administrative law judge for reconsideration.

It is undisputed that Warth has at least 22 years of coal mine employment, smoked for many years, and is totally disabled. The only issue on this appeal is whether the administrative law judge erred in crediting the opinions of Drs. Mutchler and Donner-berg, who concluded that Warth did not have pneumoconiosis under 20 C.F.R. § 718.202(a), over the opinion of Doctor Rasmussen, who concluded that “coal mine dust exposure with its resultant pneumoconiosis was at least a major contributing factor to his totally disabling respiratory insufficiency.”

Warth argues that the administrative law judge erred in relying on Drs. Mutchler and Donnerberg’s opinions because neither of these experts had read or was familiar with the several articles cited by Doctor Rasmussen in support of his conclusion that Warth’s total disability was caused by coal-mine employment. Warth argues further that the administrative law judge applied an erroneously narrow definition of pneumoconiosis in concluding that Warth did not suffer from that disease.

The evidence shows that Dr. Mutchler based his opinion that Warth does not suffer from pneumoconiosis on the assumption that obstructive disorders cannot be caused by coal-mine employment. See JA 18 (Dr. Mutchler “noted that ‘black lung disease’ and [chronic obstructive pulmonary disease] show distinctively opposite types of physiology (ie. impairment is restrictive versus obstructive), and are easily separated”); JA 19 (Dr. Don-nerberg found that a diagnosis of pneumoco-niosis could not be made without x-ray or tissue samples and that “a moderately severe to severe airway obstruction .... completely consistent with a diagnosis of obstructive emphysema.” He concluded that the emphysema was caused solely by cigarette smoking). * [*175] We agree with Warth that these assumptions are erroneous. See, e.g., Eagle v. Armco, Inc., 943 F.2d 509, 511 & n. 2 (4th Cir.1991) (The opinion of an expert “that breathing coal mine dust does not cause chronic obstructive lung disease ... must be considered bizarre in view of [ ] Congress’ explicit finding to the contrary. See 30 U.S.C. §§ 901(a), 902(b).”); see also 20 C.F.R. § 718.201 (“For purposes of the Act, pneu-moconiosis means a chronic dust disease of the lung and its sequelae ... arising out of coal mine employment.... For purposes of this definition, a disease ‘arising out of coal mine employment’ includes any chronic pulmonary disease resulting in respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment.”) (Italics in original).

Chronic obstructive lung disease thus is encompassed within the definition of pneumoconiosis for purposes of entitlement to Black Lung benefits. Dr. Mutchler’s assumption to the contrary undermines his conclusions, because it is undisputed that Warth does suffer from some form of obstructive lung disease, and Drs. Mutchler and Donner-berg failed to give legitimate reasons for ruling out dust exposure in coal-mine employment as a cause or aggravation of that disease.

Because it is evident that both Drs. Mutch-ler and Donnerberg based their opinions on erroneous assumptions, and because the administrative law judge explicitly relied on these erroneous opinions, we vacate the Board’s order and remand the case to the Board with instructions to remand the action to an administrative law judge for reconsideration in the light of this opinion. On remand, the parties may offer additional evidence if they be so advised.

VACATED AND REMANDED WITH INSTRUCTIONS.

*

Doctor Donnerberg concluded that "a diagnosis of pneumoconiosis or silicosis cannot be made[*175] without evidence by x-ray of a nodular or linear infiltrate, an autopsy or a tissue examination.” This conclusion is in direct conflict with 20 C.F.R. § 718.202(a)(4), which states that, “[a] determination of the existence of pneumoconio-sis may also be made if a physician, exercising sound medical judgment, notwithstanding a negative X-ray, finds that the miner suffers or suffered from pneumoconiosis as defined in § 718.201. Any such findings shall be based on objective medical evidence such as blood-gas studies, electrocardiograms, pulmonary function studies, physical performance tests, physical examination, and medical and work histories.” Subsection 202(a)(4) does not require X-ray evidence or a tissue examination. Thus, Doctor Donnerberg's opinion is based on premises that are in direct conflict with the regulations promulgated under the Act. We therefore doubt that his opinion can be accorded much, if any, weight. Cf. Toler v. Eastern Assoc'd Coal Co., 43 F.3d 109, 115 (4th Cir.1995) ("We have ... disapproved similarly paradoxical reasoning in analogous circumstances.”).