WASHINGTON, D.C. – This week, U.S. Sen. Sherrod Brown (D-OH) reintroduced legislation to assist sick miners in securing the Black Lung benefits they deserve. Right now, many miners have difficulty accessing these benefits. Brown’s bill would help cut the Black Lung claims backlog and prevent the denial of miners’ benefits.
“Too many miners who risked their lives in our nation’s mines now suffer from Black Lung disease due to their work underground. They shouldn’t have to navigate a difficult claims process dominated by red tape,” said Brown.
According to the National Institute for Occupational Safety and Health, 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 – since 1968. 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.
Without congressional action, disabled coal miners who deserve black lung benefits will continue to be unfairly denied. This week, Brown joined U.S. Sen. Robert P. Casey (D-PA) to reintroduce the Black Lung Benefits Act, which would enact sweeping reforms to existing law. The legislation would:
Increase access to legal representation for miners. Currently, attorneys representing claimants do not receive payment until a determination has been made that coal operators are liable for the miners’ black lung benefits – which can take years or even longer – discouraging attorneys from taking on these cases. This provision would create a system to pay a portion of attorney’s fees earlier in the litigation process.
Crack down on unethical conduct by strengthening criminal penalties. This provision would give the claims adjutant power to issue sanctions when medical evidence is withheld from a claimant.
Direct resources to help miners gather medical evidence in their black lung claims. By expanding an existing Department of Labor (DOL) pilot program, DOL would be required to provide miners with expanded assessments of their pulmonary condition when it has been challenged by a coal operator.
Ensure all doctors who provide evaluations of miners’ pulmonary conditions are qualified and without conflicts of interest. This provision would improve quality of medical evidence by requiring DOL to update its certification list of doctors who can provide testimony in these cases and ensure that all pre-cleared doctors are free from conflicts of interest.
Provide an appeals process for claimants to request a re-adjudication of their claim if it was denied because of the testimony of a medical expert who has been discredited by DOL. It is estimated that as many as 1,500 claims since the year 2000 could be eligible under this provision.
Brown continues to fight for the wellbeing of Ohio’s coalminers. Brown convened a roundtable with retired miners in Steubenville on Monday. Brown has secured a commitment from Senate Republicans to extend healthcare for Ohio miners in a bill to fund the government at the end of April. He will continue fighting to shore up retired miners’ pensions as well.
Brown also this week cosponsored the Robert C. Byrd Mine Safety Protection Act, which would make updates to the Mine Act to give the Mine Safety and Health Administration (MSHA) tools to hold mine operators with repeated violations accountable and improve enforcement of the protections that keep miners safe on the job.
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