Black Lung Benefits Act

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7^th Circuit Court of Appeals

Case Name: Safeco Insurance/Liberty Mutual Surety v. OWCP

Case No.: 23-1083

Officials: Easterbrook, Ripple, and Scudder, Circuit Judges.

Focus: Black Lung Benefits Act

McLain, a former coal miner developed a severe lung condition after nearly twenty years of underground work. McLain filed a claim under the Black Lung Benefits Act, asserting total disability from a pulmonary standpoint due to his years in the mines. With McLain’s former employer, Old Ben Coal Company, dissolved through bankruptcy, Liberty Mutual Insurance Company, the surety guaranteeing Old Ben’s obligations under the Act, disputed liability on behalf of the coal company.

Initially, an administrative law judge (ALJ) presided over the case and concluded that McLain met the definition of disability as outlined in the Black Lung Benefits Act. This determination stemmed from a comprehensive review of medical records and findings regarding the differentiation between lung ailments caused by coal dust versus those from tobacco smoke. Old Ben challenged the ALJ’s decision, contending that the ALJ erroneously treated a 2001 preamble as binding and made unsupported factual conclusions. However, the Benefits Review Board upheld the decision to grant benefits.

The case progressed to the Seventh Circuit, which affirmed the Benefits Review Board’s ruling. The court underscored the wide discretion ALJs possess in weighing conflicting medical opinions, the validity of considering the Department of Labor’s perspective on such matters, and the substantial deference given to ALJs’ medical assessments and scientific judgments during appeals. No errors were found in the ALJ’s application of regulatory guidance or in the contested factual determinations made by Old Ben.

Affirmed.

Decided 06/10/24

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