U.S. Steel Mining Company, LLC v. Cassandra M. Terry
Opinion
*1285 These consolidated Black Lung Benefits Act appeals present two questions-both of which are important to the parties, and one of which turns out to be pretty interesting. Starting with the important-but-relatively-uninteresting: In one of the cases, a mining company contends, for a smattering of reasons, that an ALJ's decision that one of its former miners was entitled to benefits under the Act isn't supported by substantial evidence. To be brief, we disagree. Ample evidence supports the ALJ's determination, and none of the company's challenges to the ALJ's analysis withstands scrutiny.
Now, for the more interesting issue, which exists in both appeals: The Act provides two means by which a deceased miner's survivors can claim benefits. First, the survivors can prove that the miner died due to a lung disease called pneumoconiosis.
See
We hold that the survivors and the government have the better of the interpretive argument. Not only does their interpretation follow most naturally from § 932( l ) 's syntax and find support in the traditional "last antecedent" canon, it also-and quite unlike the companies' reading-squares with common sense by avoiding arbitrary distinctions between identically situated claimants.
*1286 I
Before us are two consolidated cases- Oak Grove Resources, LLC, et al. v. Director, OWCP (" Oak Grove "), and U.S. Steel Mining Company, LLC, et al. v. Director, OWCP (" U.S. Steel "). We briefly review the facts of each case before turning to a preliminary question posed only in U.S. Steel .
A
Starting with
Oak Grove
: In July 2012, Lee Ferguson, a coal miner with more than three decades' experience, sought benefits under the Black Lung Benefits Act,
The following November, the ALJ handling Lee's appeal overturned the District Director's decision and held that Lee's employer, Oak Grove, was liable for benefits from the date that Lee had initially filed his claim. Before us, Oak Grove does not contest Lee's own eligibility for benefits-only whether, under the Act, those benefits are properly payable to Carrie as Lee's surviving spouse.
In February 2016, the same District Director who had denied Lee's claim issued a decision in Carrie's favor. In so doing, the District Director relied on
Challenging the District Director's decision before an ALJ, Oak Grove argued that Carrie was not entitled to benefits under § 932(
l
) because Lee had not been "determined to be eligible to receive benefits ... at the time of his ... death" in November 2014. Rather, Oak Grove observed, the District Director had determined Lee's eligibility in February 2016, more than a year
after
his death. Factually, Oak Grove was quite right-Lee hadn't been formally determined to be eligible before he died. As a matter of law, though, the ALJ concluded that the timing of the District Director's determination vis-à-vis Lee's death was inconsequential; all that mattered was that Lee was in fact eligible for benefits at the time he died. The Department of Labor's Benefits Review Board affirmed the ALJ's decision in a published opinion.
See
Ferguson v. Oak Grove Res., LLC
, No. 16-0570 BLA,
B
Turning to
U.S. Steel
: Luther Terry applied unsuccessfully for benefits under the Act in 2006 and 2011. Luther succeeded in his third attempt in 2014, but he didn't survive to collect. A veteran miner and lifelong smoker, Luther died of cardiopulmonary arrest the year before, in 2013. Luther's widow, Cassandra Terry, filed a claim for benefits shortly after his death, and a District Director found that she was eligible, citing § 932(
l
) 's automatic-entitlement provision. Luther's employer, U.S. Steel, requested a hearing before an ALJ to contest that conclusion on the same basis as in
Oak Grove
-namely, that Luther had died before he was formally "determined" to be eligible for benefits. The
*1287
ALJ affirmed the District Director on the same ground as in
Oak Grove
-what mattered was that before he died, Luther
was
eligible for benefits, not whether he had been determined to be so. And as in
Oak Grove
, the Benefits Review Board affirmed the ALJ's decision.
See
Terry v. U.S. Steel Corp
., Nos. 17-0105 BLA and Nos. 17-0107 BLA,
But U.S. Steel is different from Oak Grove in one key respect. Unlike Oak Grove, U.S. Steel has not conceded that Luther was eligible for benefits in the first place. Accordingly, before turning to Cassandra's entitlement to survivor benefits under § 932( l ), we must first address the preliminary question of Luther's own eligibility. Although something of a detour, the fact- and labor-intensive nature of the eligibility inquiry usefully underscores what's at stake in our subsequent analysis of § 932( l ). That provision is dubbed an "automatic entitlement" because, where applicable, it allows a miner's survivors to avoid the morass into which we now descend.
II
The Act establishes a rebuttable presumption that a miner's death or disability is attributable to pneumoconiosis
2
-and thus compensable-if the miner can show, as relevant here, that he or she "was employed for fifteen years or more in one or more underground coal mines" and that the "evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment."
Section 921(c)(4) and its implementing regulation,
U.S. Steel offers a litany of reasons why the ALJ erred in concluding that Luther was eligible for benefits. We needn't respond point-by-point; an assessment of U.S. Steel's principal contentions will suffice.
1. U.S. Steel first assails the ALJ's decision to assign greater weight to credentialed radiologists' interpretations of Luther's chest x-rays than to those offered by a "B-reader" pulmonologist.
5
But the
*1288
ALJ's determination in that respect is supported by both law and logic. As for law, one of the governing regulations provides that "where two or more X-ray reports are in conflict, in evaluating such X-ray reports
consideration must be given to the radiological qualifications of the physicians interpreting such X-rays
."
2. U.S. Steel also asserts that the ALJ erred in discounting the findings of Dr. Michele Postma, who had been one of Luther's treating physicians-and whose testimony U.S. Steel introduced-on the ground that she stopped treating Luther four years before his death. As U.S. Steel puts it, the ALJ's " 'later is better' analysis is not allowed under
3. We'll take one more: U.S. Steel contends that the ALJ erred in holding that Dr. Postma's and Dr. Allan Goldstein's conclusions "c[ould not] be credited" because their negative findings as to the empirical method of rebuttal- i.e. , that Luther didn't suffer from pneumoconiosis in the first place-undermined the basis for their conclusions as to the causal method-"that no part of [Luther's] respiratory or pulmonary total disability was caused by pneumoconiosis."
U.S. Steel sends us back to the Fourth Circuit for support, arguing that the ALJ's
*1289
approach would be permissible only if Dr. Postma and Dr. Goldstein had "failed to consider pneumoconiosis as an additional cause of [Luther's] pulmonary problems."
Island Creek Coal Co. v. Compton
,
In
Hobet Mining, LLC v. Epling
,
Enough. We hold that the ALJ's determination that Luther was eligible for benefits under the Act was consistent with the law and supported by substantial evidence. We turn, then, to the question whether Luther's widow, Cassandra-and with her, Lee Terry's widow, Carrie-qualifies for survivor benefits under § 932( l ) 's automatic-entitlement provision.
III
If Part II of this opinion seemed sloggy, that's because it was. The eligibility-determining process that it chronicles is not just fact- and context-intensive but also fiscally and emotionally exhausting. The object of
As already noted-twice now, but the language is critical- § 932( l ) states that "[i]n no case shall the eligible survivors of a miner who was determined to be eligible to receive benefits ... at the time of his or her death be required to file a new claim for benefits, or refile or otherwise revalidate the claim of such miner." The key phrase for our purposes-the hinge on which the dispute here turns-is "a miner who was determined to be eligible to receive benefits ... at the time of his or her death." There are two ways to understand that bit of text. Either "at the time of his or her death" modifies the word "eligible"-such that a miner need only have been eligible at the time he died, not formally determined to be eligible-or it modifies the word "determined"-such that an eligibility determination must have been made before the miner died. It matters here, of course, because Lee Ferguson and Luther Terry were formally determined to be eligible for benefits only after their deaths. They were eligible at the times that they died, but only posthumously determined so.
*1290
Carrie and Cassandra-supported by the government-advocate the former reading: The phrase "at the time of his or her death," they say, modifies the term "eligible." Accordingly, their argument goes, it's sufficient that their husbands were eligible for benefits under the Act at the times of their deaths, and it doesn't matter that the formal determinations of their husbands' eligibility came only later. That, they say for starters, is the most natural reading of the statute's text. If "at the time of his or her death" was intended to modify the word "determined," the provision would have been framed differently: "a miner who was determined
at the time of his or her death
to be eligible to receive benefits
at the time of his or her death
." Relatedly, Carrie and Cassandra cite the "rule of the last antecedent," pursuant to which " 'a limiting clause or phrase ... should ordinarily be read as modifying only the noun or phrase that it immediately follows.' "
Kehoe v. Fidelity Fed. Bank & Trust
,
The companies, by contrast, assert that "at the time of his or her death" modifies the word "determined," such that the formal determination of a miner's eligibility-and not just eligibility in the abstract-must have preceded his or her death. Accordingly, they say, because Lee and Luther weren't determined to be eligible until
after
they died, Carrie and Cassandra aren't entitled to benefits under § 932(
l
). The employers contend that an eligibility-focused reading violates the rule against surplusage by depriving the phrase "at the time of his or her death" of any real effect.
See, e.g.
,
United States v. Butler
,
In our judgment, Carrie and Cassandra have the better of the interpretive argument. On balance-and particularly in light of the "last antecedent" canon-the phrase "at the time of his or her death" is most naturally read as modifying the word "eligible" rather than the word "determined." If Congress had intended otherwise, it would (or should) have drafted the statute differently, and more precisely, to refer to a "a miner who was determined
at the time of his or her death
to receive benefits." Moreover, as the Supreme Court has emphasized, "[w]e need not leave our common sense at the doorstep when we interpret a statute,"
PriceWaterhouse v. Hopkins
,
As to the employers' surplusage-based argument, we think it enough to say two things. First, linking "at the time of his or her death" to eligibility, rather than to a formal determination, doesn't render the phrase wholly meaningless-it just makes the provision a little clumsy (in a "duh!" kind of way). Second, there are instances in which a court may validly "prefer ordinary meaning to an unusual meaning that will avoid surplusage." Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 176 (2012). This is just one such instance.
There is one final point: Because we find that § 932(
l
) 's language is clear-and that it clearly favors Carrie and Cassandra's position-we have no occasion to resort to the principles of deference embodied in
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
,
(i) Is determined to have died due to pneumoconiosis; or
(ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving spouse ... filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
In sum, we hold that careful attention to § 932( l ) 's text requires a decision in favor of Carrie and Cassandra: Because their husbands were eligible for benefits under the Act at the times of their respective deaths-and despite the fact that the men were only thereafter formally determined *1292 to be eligible-Carrie and Cassandra are due survivor benefits under § 932( l ) 's automatic-entitlement provision. 6
IV
For the foregoing reasons, the Board's decisions in both cases before us are AFFIRMED.
The Department of Labor includes the Division of Coal Mine Workers' Compensation. This Division has District Offices across the country, each led by a Regional and District Director.
Pneumoconiosis is "a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment."
"Clinical" pneumoconiosis"consists of those diseases recognized by the medical community as pneumoconiosis."
In
Bonner v. City of Prichard
,
Per the CDC's description of "The NIOSH B Reader Program": "The B Reader Program aims to ensure competency in radiographic reading by evaluating the ability of readers to classify a test set of radiographs, thereby creating and maintaining a pool of qualified readers having the skills and ability to provide accurate and precise ILO [International Labour Office] classifications." Centers for Disease Control and Prevention, Chest Radiography: The NIOSH B Reader Program, https://www.cdc.gov/niosh/topics/chestradiography/breader.html.
Separate from-and in addition to-their arguments from statutory text, the parties offer dueling citations to off-point decisions and extensive examinations of § 932(
l
) 's drafting history. As to the former, we think it sufficient to say that none of the parties' cases squarely addresses the issue before us today. The companies rely principally on
U.S. Steel Mining Co., LLC v. Director, OWCP
[
Starks
]-where, in fairness to their position, the court did say that "[w]e hold that, to obtain benefits under the amended § 932(
l
)," the widow there "was required to show only that she met the appropriate relational and dependency requirements rendering her an 'eligible survivor' and that [her deceased husband]
was receiving benefits when he died
."
We can make even quicker work of the parties' protracted battle over § 932(
l
) 's legislative history. That history-which comprises amendments on top of amendments on top of amendments-"could hardly be more complicated,"
B & G Const. Co. v. Dir., Office of Workers' Comp. Programs
,
Reference
- Full Case Name
- OAK GROVE RESOURCES, LLC, National Union Fire Insurance/ AIG, Petitioners, v. DIRECTOR, OWCP, United States Department of Labor, Respondents. U.S. Steel Mining Company, LLC, U.S. Steel Corporation, Petitioners, v. Cassandra M. Terry, O.B.O. and Widow of Luther Terry, Director, OWCP, United States Department of Labor, Respondents.
- Cited By
- 7 cases
- Status
- Published