WASHINGTON, D.C. – Despite the incidence of Black Lung Disease occurring at record-high levels, many miners are unable to claim the benefits they deserve. Today, U.S. Sen. Sherrod Brown (D-OH) introduced legislation that would cut this claims backlog and prevent the denial of miners’ black lung benefits.

“Ohio’s coalminers play a critical role in our communities and our nation’s energy independence, but they shouldn’t have to risk their health to provide for their families,” Brown said. “Workers who have been impacted by Black Lung shouldn’t have to navigate a system dominated by red tape and corporate lawyers. This legislation would streamline the process and ensure workers and their families receive the support and benefits they’re owed.”

According to the National Institute for Occupational Safety and Health, since 1968, more than 76,000 miners have died as a result of coal workers’ pneumoconiosis, emphysema, and progressive massive fibrosis – collectively known as Black Lung Disease. While Federal law requires that coal companies compensate disabled miners who contract Black Lung, coal companies routinely deploy an array of unfair tactics to avoid paying miners their benefits.

Brown joined a group of six Senate colleagues – U.S. Sens. Bob Casey (D-PA), John Rockefeller (D-WV), Joe Manchin (D-WV), Tim Kaine (D-VA), Tom Harkin (D-IA), and Mark Warner (D-VA) – in proposing sweeping reforms to existing law. The Black Lung Benefits Improvements Act is intended to make it easier for miners with Black Lung Disease to get the benefits they deserve. 

Analyses by the Center for Public Integrity and ABC News found that doctors who are paid by coal companies have systematically misdiagnosed miners with Black Lung as having other diseases, preventing miners from accessing benefits. During hearings convened by the U.S. Senate showed that coal company lawyers have caused some miners’ claims to be denied by withholding medical evidence that proves that the miner has black lung.

In the past year, the U.S. Department of Labor has taken several steps to address the issues identified in these reports, but without congressional action, disabled coal miners who deserve black lung benefits will continue to be unfairly denied.

The legislation would strengthen the Black Lung benefits program by:

Improving miners’ access to medical evidence

  • Requiring full disclosure of medical information related to a claim, whether or not such information is entered as evidence
  • Helping miners review and rebut potentially biased or inaccurate medical evidence developed by coal companies
  • Allowing miners or their survivors to reopen their cases if they had been denied because of medical interpretations that have subsequently been discredited
  • Establishing a pilot program in the NIOSH to provide unbiased evidence for the most severe black lung case 

Helping miners access better, more timely benefits

  • Adjusting black lung benefits to increases in the cost of living
  • Helping claimants secure legal representation by providing interim attorney fees if miners prevail at various stages of their claim
  • Developing a strategy to reduce the backlog of black lung benefits claims still awaiting consideration

Brown continues to fight for the wellbeing of Ohio’s coalminers. In July, Brown applauded DOL’s respirable dust rule and urged them to defend it in the face of court challenges to ensure workers are exposed to safer levels of coal dust to reduce future incidences of black lung. In March 2013, Brown introduced the Coalfield Accountability and Retired Employee Act, legislation that would protect the promised lifetime pension and health care benefits of hundreds of retired Ohio coalminers whose livelihoods, and those of their families, are in jeopardy.

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