“Common sense suggests that it is usually exceedingly difficult for a doctor to properly assess the contribution, if any, of pneumoconiosis to a miner’s death if he/she does not believe it was present.”
How later courts described this case
- “Common sense suggests that it is usually exceedingly difficult for a doctor to properly assess the contribution, if any, of pneumoconiosis to a miner’s death if he/she does not believe it was present.”
- “Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”
- an ALJ may “minimize the probative value” of an equivocal doctor’s opinion
Written by the judges who cited it.
The opinion
ROTH, Circuit Judge,
dissenting.
My reading of the record in this appeal does not persuade me that it supports only one result — as is concluded by the Majority. Nor do I believe, pursuant to our standard of review — are the ALJ’s factual findings rational, consistent with applicable law, and supported by substantial evidence on the record considered as a whole — that the Court is justified in reversing the judgment of the Benefits Review Board — however much I may feel personal sympathy for Mrs. Soubik.
I do, however, agree with the majority that the protracted delay in resolving federal black lung benefits cases is regrettable.