Black Lung Caused by Living Near Coal Processing Plant?
Erica Peterson of WFPL has an interesting story up about a civil suit filed by a woman who says her anthracosis was caused by a coal preparation plant near her home.
In the complaint filed in Kentucky circuit court in Floyd County, Emma & LeRoy Burchett assert common-law actions arguing that dust from the preparation plant caused damage to Mrs. Burchett’s health and the Burchetts’ proprety.
As Peterson concludes:
If Burchett ultimately prevails in the case, this could set up numerous lawsuits around Appalachia if other non-coal miners are found to have black lung disease. Residents near coal processing plants, coal silos and coal mines have complained for years about coal dust and pollution, but have had limited luck in proving damages.
One Response to “Black Lung Caused by Living Near Coal Processing Plant?”
[…] Earlier this week the U.S. Court of Appeals for the Sixth Circuit issued a decision involving a seaman who filed a claim under the Jones Act (the federal law the protects seaman from injuries on the job) due to breathing problems related to coal-dust exposure. The facts of the case provide an interesting example of someone who would probably not be a “miner” under the Black Lung Benefits Act but who alleges breathing problems caused by coal dust. (For other examples previously covered on this blog, recall the workers at the Indiana coal slag processing plant, or the neighbor of the Kentucky coal processing plant.) […]
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