By: dmc-admin//July 30, 2002//
“Amax’s experts and the third-party experts opined that Billy Livermore’s death was not caused by or contributed to by pneumoconiosis. In contrast, only Dr. Jones, Maxine Livermore’s expert, positively concluded that pneumoconiosis was a significant factor in Billy Livermore’s death. The other two experts listed pneumoconiosis as one of the contributing causes. The ALJ gave more weight to the opinions of Amax’s doctors, finding they had superior qualifications (specialities in pulmonary medicine) and that their opinions were more specific and well supported. The ALJ also found that the expert opinions to the contrary were not entirely reliable based on all the evidence and conflicting opinions.
“This careful weighing of the evidence demonstrates that the ALJ’s finding is supported by substantial evidence. See id. at 180-81. To say that we might have reached a different conclusion is beside the point because it is the province of the ALJ to weigh expert opinions. See Peabody Coal Co. v. Shonk, 906 F.2d at 269. The ALJ did not simply countenance Amax’s experts’ opinions because they were more numerous, which would be improper. Instead, the ALJ reviewed all the opinions, qualifications of the experts, and resolved the conflicting reports in a thorough and logical manner.”
Affirmed.
On Petition for Review of a Decision of the Benefits Review Board, United States Department of Labor, Bauer, J.