Summary
The Ninth Circuit denied Gary Nitschke’s pro se petition for review of a Benefits Review Board decision affirming an administrative law judge’s finding that he had not established that his back, neck, or ankle injuries were related to a fall aboard the U.S.S. Nimitz. The court held that substantial evidence supported the ALJ’s decision to give little weight to one physician’s opinion, and stated that the unpublished disposition was not precedent except as provided by Ninth Circuit Rule 36-3.
Topics
Practice areas
Questions Presented
- Whether the Benefits Review Board properly concluded that substantial evidence supported the administrative law judge's finding that Nitschke failed to establish that his back, neck, and ankle injuries were related to his fall.
- Whether the administrative law judge erred by giving little weight to Dr. O'Neill's medical opinion.
Holdings
- The administrative law judge did not err in according little weight to Dr. O'Neill's medical opinion because the opinion was contradicted by other medical testimony and was not based on a comprehensive review of Nitschke's medical records.
- The Benefits Review Board properly concluded that substantial evidence supported the administrative law judge's findings, and the petition for review was denied.
Key quotations
“The ALJ’s decision to accord Dr. O’Neill’s medical opinion little weight was not contrary to “the clear preponderance of the evidence” or “inherently incredible or patently unreasonable.”” (310 F. App'x at 183)
“The ALJ was not bound to accept the opinion of Dr. O’Neill.” (310 F. App'x at 183)
Factual background
Nitschke fell approximately 20 feet into a tank on the U.S.S. Nimitz on January 25, 1990. He claimed that injuries to his back, neck, and ankles resulted from the fall. The administrative law judge gave little weight to Dr. O'Neill's medical opinion because she did not treat Nitschke until a year after the fall and did not base her opinions on a comprehensive review of his medical records, while her testimony was contradicted by Drs. Brooks and Kay.
Procedural history
An administrative law judge found that Nitschke had not established a causal relationship between his injuries and the January 25, 1990 fall. The Benefits Review Board affirmed, and Nitschke petitioned the Ninth Circuit for review. The Ninth Circuit denied the petition.