Employment — black lung disease

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United States Court of Appeals For the Seventh Circuit

Civil

Employment — black lung disease

In applying the 15-year presumption of causation, the ALJ properly included time that a coal miner worked above the surface.

“Consolidation’s arguments amount to nothing more than a request that we reweigh the evidence. But we do not reweigh the evidence, resolve inconsistencies in the record, make credibility determinations, or substitute our inferences for those drawn below. Freeman United Coal Mining Co. v. Summers, 272 F.3d 473, 478 (7th Cir. 2001); Blakley v. Amax Coal Co., 54 F.3d 1313, 1322 (7th Cir. 1995). Moreover, we will not overturn an ALJ’s decision if it is rational, supported by substantial evidence, and consistent with governing law. Consolidation Coal, 721 F.3d at 793; Keene, 645 F.3d at 848. We have reviewed the miner’s testimony and find that the ALJ’s decision met this standard. Burris testified credibly that, no matter what his job title, he was often called upon to perform repair jobs at the hopper and tipple, two particularly dusty areas. When asked if he worked on the hopper, for example, he replied, ‘Yes, all the time. The biggest part of the time I was down there. That’s where they have the most breakage.’ Transcript of Hearing, October 6, 2009, at 15. The hopper was, in fact, underground and when working around the hopper, Burris testified that he was exposed to coal dust ‘practically all the time.’ Id. He worked at two mines for Consolidation, the No. 2 mine, where he testified he was also exposed to rock and coal dust ‘all the time,’ and the No. 5 mine, where he had constant exposure to coal dust whenever he conducted repairs at the tipple, a job he was frequently called to perform. Tr. at 27-28. That is more than enough evidence to support the ALJ’s conclusion.”

Petition Denied.

12-1330 Consolidation Coal Co. v. OWCP

Petition for Review of an Order of the Benefits Review Board, Rovner, J.