Peabody Coal Co. v. McCandless

Nos. 95-3291 et al. (255 F.3d 465) (7th Cir. June 29, 2001)

ELR Digest

The court vacates a Black Lung Benefits Review Board (Board) decision that upheld an administrative law judge's (ALJ's) determination that a Black Lung Benefits Act claimant established that a deceased relative suffered from black lung disease. The ALJ based its decision on the opinion of the pathologist that performed the autopsy even though five other expert doctors examined the autopsy report and testified that the deceased did not have black lung disease. However, the performing pathologist based his opinion on visual scrutiny of gross attributes, while the other doctors followed the more reliable method of examining tissue samples under a microscope and testing for silica. Thus, the court first holds that the ALJ's and Board's reliance on the performing pathologist's analysis because he was the performing pathologist is not a rational ground of decision. The ALJ and the Board avoided the medical dispute by adopting a nonmedical rule that expressed a preference for the performing pathologist versus the laboratory expert. As that preference has no apparent medical basis and as it contradicts many decisions requiring agencies to resolve scientific controversies on the merits rather than through legal argument, the result cannot stand. The ALJ cannot automatically credit the conclusion of a performing pathologist without supplying valid rationale for adopting them. The court further holds that the performing pathologist's beliefs must be supported by medical reasons if they are to be given legal effect. Therefore, the medical dispute is remanded to the ALJ for reconsideration.

The full text of this decision is available from ELR (7 pp., ELR Order No. L-378).

Counsel for Petitioners
Mark E. Solomons
Greenberg & Traurig
800 Connecticut Ave. NW, Ste. 500, Washington DC 20006
(202) 331-3100

Counsel for Respondents
Jack N. Vanstone
Law Offices of Jack N. Vanstone
103 NW 10th St., Evansville IN 47730
(812) 426-2811

[31 ELR 20800]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]