Double Mining Incorporated v. Blankenship’s Empirical Analysis

Citation profile

5 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because clauses (A), (B), and (C) of § 921(c)(3) are three different ways of diagnosing complicated pneumoconiosis, in construing the requirements of each, one must perform equivalency determinations to make certain that regardless of which diagnostic technique is used, the same underlying condition triggers the irrebuttable presumption. In other words, the same condition that triggers the presumption by producing opacities greater than one centimeter in diameter on an x-ray should be considered “massive lesions” under the statute if diagnosed through biopsy. By explicitly referencing prongs (A) and (B) as guides, prong (C) of the statute requires “plainly that equivalency determinations shall be made.” Logic commands that prongs (A) and (B) be similarly equivalent. Any other rule would lead to the irrational result that the determination of , whether a miner has totally disabling pneumoconiosis could turn on the method of diagnosis rather than on the severity of his disease. Because prong (A) sets out an entirely objective scientific standard, it provides the mechanism for determining equivalencies under prong (B) or prong (C). In prong (A), Congress mandated that the condition that triggers the irrebuttable presumption is one that creates, on an x-ray, at least one opacity greater than one centimeter in diameter. When that condition is diagnosed by biopsy rather than x-ray, it must therefore be determined whether the biopsy results show a condition that would produce opacit”

   4 later decisions quote this exact passage · from the majority
   e.g. Pittsburg & Midway Coal Mining Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor · Westmoreland Coal Co. v. Cox

2. “(A) when diagnosed by chest roentgenogram [x-ray], yields one or more large opacities (greater than one centimeter in diameter) ..., (B) when diagnosed by biopsy or autopsy, yields massive lesions in the lung, or (C) when diagnosis is made by other means, would be a condition which could reasonably be expected to yield results described in clause (A) or (B) if diagnosis had been made in the manner prescribed in clause (A) or (B).”

   2 later decisions quote this exact passage · from the majority
   e.g. Westmoreland Coal Co. v. Cox · Clinchfield Coal Co. v. Fultz

3. “pneumoconiosis. 20 C.F.R. § 718.205. Section 921(c)(3) of the Act creates an irrebuttable presumption that the death was due to pneumoconiosis if (A) an x-ray of the miner's lungs shows at least one opacity greater than one centimeter in diameter; (B) a biopsy reveals”

   1 later decision quote this exact passage · from the majority
   e.g. Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation Programs