DOL and NIOSH Create B-Reader Quality Assurance Program
Important news in the black lung benefits system: The federal government has created an interagency program to revoke the “B-Reader” certification of biased physicians. Background NIOSH’s…
Congressmen Introduce Black Lung Benefits Improvement Act of 2015
Yesterday in the House and Senate, members of Congress introduced the Black Lung Benefits Improvement Act of 2015. The bill numbers are H.R. 3625 and S.2096.…
Fourth Circuit Reverses Board on Substantial Evidence, Finds Doctor’s Opinion Insufficient to Support Finding that Coal-Mine Dust Caused Miner’s COPD (W. Va. CWP Fund v. Mullins)
On September 10, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a decision that did two things that are rare in black lung…
Sixth Circuit Affirms Surface Miner’s Award of Benefits, Rejecting Arguments Related to the Fifteen-year Presumption (Premium Coal Co. v. Director, OWCP [Byrge])
Last week, the U.S. Court of Appeals for the Sixth Circuit affirmed a surface miner’s award of federal black lung benefits in Premium Coal Co. v.…
1975 Black Lung Song: Paul Williams – “Lord Help Me Get My Black Lung Check”
Below is a video that allows you to listen to an obscure song that takes a humorous approach to an Eastern Kentucky coal miner’s pursuit of…
Sixth Circuit Rejects Company’s Arguments Against 2013 Amendments to Black Lung Regulations, Affirming Award of Benefits (Brandywine Explosives & Supply v. Director, OWCP [Kennard])
On Monday, the U.S. Court of Appeals for the Sixth Circuit affirmed a miner’s award of federal black lung benefits in a published decision (slip opinion…
Three Fourth Circuit Decisions Affirming Awards of Black Lung Benefits (Island Creek Coal Co. v. Dykes, NBL Coal Co. v. Director, OWCP [Moore], and Island Creek Coal Co. v. Hargett))
In three cases in the past couple weeks, the U.S. Court of Appeals for the Fourth Circuit affirmed awards of federal black lung benefits. The unpublished…
Sixth Circuit Holds That ALJs May Discredit Medical Opinions Based on Theory that COPD Caused by Coal-Mine Dust Ends Once Exposure Ends (Sunny Ridge Mining Co. v. Keathley)
Last week, in an important published decision (available here) the U.S. Court of Appeals for the Sixth Circuit affirmed a miner’s award of black lung benefits—holding…
Bill Seeks to Reform Federal Black Lung Benefits Program
Senators Jay Rockefeller (D-WV) and Robert Casey (D-PA) plan to introduce a bill to ensure that miners receive fairer treatment when pursuing benefits claims. According to the…
NIOSH Study Shows Resurgence of Black Lung Disease Among Working Appalachian Coal Miners
New research from the National Institute of Occupational Safety and Health (NIOSH) has found that the rate of the most severe form of black lung among…