BD04-D11

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PART IV

ADMINISTRATIVE PROCESSING OF CLAIMS,

POWERS AND DUTIES OF THE ADMINISTRATIVE LAW JUDGE

D. EVALUATION AND WEIGHING OF EVIDENCE

11. CONTRAINDICATION OF CONTINUED EMPLOYMENT

A physician's opinion advising claimant that from a medical standpoint he should not return to coal mine employment because of pneumoconiosis or because his respiratory impairment will be aggravated, does not establish total respiratory disability under the Act. Taylor v. Evans and Gambrel Co., Inc., 12 BLR 1-83 (1988); Justice v. Island Creek Coal Co., 11 BLR 1-91 (1988).

CASE LISTINGS

[diagnosis that claimant totally disabled due to pneumoconiosis for work in dusty environment and partially disabled for manual labor insufficient as matter of law to establish totally disabling pulmonary-respiratory impairment] New v. Director, OWCP, 6 BLR 1-597 (1983).

[diagnosis that return to coal mine employment would be inadvisable insufficient to establish totally disabling pulmonary-respiratory impairment] Coleman v. Harman Mining Corp., 6 BLR 1-601 (1983).

[medical contraindication argument rejected] Tackett v. Director, OWCP, 6 BLR 1-839 (1984); Pruett v. Pickands Mather & Co., 6 BLR 1-824 (1984); Wilkerson v. Island Creek Coal Co., 6 BLR 1-780 (1984).

[evidence that claimant should not work in dusty environment insufficient to establish inability to perform usual coal mine employment] Carter v. Beth-Elkhorn Corp., 7 BLR 1-15 (1984).

[medical contraindication theory of disability rejected] Bartley v. L.& M Coal Co., 7 BLR 1-243 (1984).

[test for total disability solely medical test not vocational one; fact that miner would not be rehired does not support finding of total disability] Ramey v. Kentland Coal Corp., 755 F.2d 485, 7

BLR 2-124 (6th Cir. 1985).

[potential aggravation of miner's disability by return to coal mine employment not sufficient basis for compensation] Butela v. United States Steel Corp., 8 BLR 1-48 (1985).

[party opposing entitlement need not establish claimant's return to usual coal mine employment not medically contraindicated by pneumoconiosis] Wetzel v. Director, OWCP, 8 BLR 1-139 (1985).

[doctor's conclusion claimant totally disabled for working in dusty environment insufficient to establish total disability under section 410.426(d)] Hall v. Director, OWCP, 8 BLR 1-193 (1985).

DIGESTS

A medical opinion that the miner "should not return to underground coal mining" because of pneumoconiosis is not equivalent to a finding of total disability. Zimmerman v. Director, OWCP, 871 F.2d 564, 12 BLR 2-254 (6th Cir. 1989).

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