Court says miner proves work, not smoking, caused lung condition
- October 23, 2025
- Posted by: Web workers
- Category: Workers Comp
A federal court on Tuesday found that a former coal miner with a lengthy history of smoking provided sufficient evidence for a trial judge to conclude that his chronic obstructive pulmonary disease was attributable at least in part to his work.
Glen Lawson smoked from the time he was 16 until he turned 55 and also spent 12 years working as a coal miner, according to Extra Energy Inc. v. Glen K. Lawson et al.
In 2017, he filed a claim for benefits under the Black Lung Benefits Act. A claims examiner approved the application in 2018 and found that Mr. Lawson’s former employer, Extra Energy, was liable for paying his benefits. At the employer’s request, a judge held a hearing in 2019 at which Mr. Lawson testified that his work included running a grease truck and a fuel truck, servicing equipment and sometimes driving rock trucks.
He said he had to start using portable oxygen in 2014, and in 2017, part of his lung was surgically removed, and he was deemed totally disabled.
The parties submitted medical opinions from five physicians. Three opined that Mr. Lawson’s condition was caused by the combination of his smoking history and his employment. The other two disagreed and said his condition was due solely to his smoking history.
The administrative law judge found that the medical evidence supported a finding of legal pneumoconiosis, which, by definition, arises out of coal mine employment. Thus, the judge ruled his diagnosis automatically establishes a causal relationship between work and the condition. The Benefits Review Board affirmed.
The 4th Circuit Court of Appeals said the trial judge made a decision based on an evaluation of five medical expert opinions, and the court said the sole question was whether the judge erred in resolving the battle of the experts. The court said it must affirm a judge’s decision if it can discern the reasoning and if the rationale was not erroneous.
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