Carl C. Thorn v. Itmann Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the Court had “criticized the practice of routinely ascribing greatest weight to the highest results among valid” PFTs and that “[ijmputing selective reliability to the highest results of invalid” PFTs was “highly speculative” (emphasis omitted)
• questioning the probative value of the opin- ion of a physician whose \stated credo is that simple pneumoconiosis does not `as a rule' cause total disability\
• questioning conclusions of physician who erroneously assumed that simple pneumoconiosis cannot cause total disability
• rule improperly applied where five physicians examined claimant in five month period and ALJ based recentness on when reports were prepared rather than when examinations occurred
• “[p]ersonal jurisdiction over a nonresident defendant is 4 proper if permitted by a state’s long-arm statute and if the exercise of that jurisdiction does 5 not violate federal due process.”
• “A bare appeal to ‘recency’ is an abdication of rational decisionmaking.”

Source: CourtListener parenthetical corpus (CC0).