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SUNNY RIDGE MIN. CO., INC. v. KEATHLEY

No. 14-3010.

773 F.3d 734 (2014)

SUNNY RIDGE MINING COMPANY, INC., Petitioner, v. Herbert KEATHLEY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 4, 2014.

Attorney(s) appearing for the Case

ARGUED: H. Brett Stonecipher , Fogle Keller Purdy, Lexington, Kentucky, for Petitioner. Miller Kent Carter , Carter & Lucas, Pikeville, Kentucky, for Respondent Keathley. Ann Marie Scarpino , United States Department of Labor, Washington, D.C., for Federal Respondent. ON BRIEF: H. Brett Stonecipher , Fogle Keller Purdy, Lexington, Kentucky, for Petitioner. Miller Kent Carter , Carter & Lucas, Pikeville, Kentucky, William L. Roberts , Pikeville, Kentucky, for Respondent Keathley. Ann Marie Scarpino , Sean G. Bajkowski , United States Department of Labor, Washington, D.C., for Federal Respondent.

Before: DAUGHTREY, ROGERS, and DONALD, Circuit Judges.

OPINION

In this black lung benefits case the administrative law judge and the Benefits Review Board discounted the opinion of a doctor who, opining that pneumoconiosis had not caused Herbert Keathley's total disability, assumed that "bronchitis associated with coal dust exposure usually ceases with cessation of exposure...

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