Persistent Black Lung, Old Scourge of Coal, Found in Autopsies of Most Massey ...
It wasn’t just the long-time miners working for Massey Energy Co. ( MEE ) who had the disease. Some were as young as 25, and five had less than 10 years of experience working in coal mines, according to the report, which largely focused on failures by state and federal regulators and Massey to safeguard miners at Upper Big Branch. Long a scourge of miners, black lung has no cure. It occurs when coal dust builds up in the lungs. “You can’t walk to the mailbox without losing your breath,” said Randall Hall, a former coal miner who has been fighting the disease for about 20 years. “You cough all night. You can’t play with your grandkids. You can’t do nothing.” Another possible culprit: Longer work hours. Many miners now work 10- or 12-hour shifts and work weekends, leading to greater dust exposure. It is also possible, NIOSH said, that smaller mines, where black lung appears to be particularly prevalent, may lack the resources for dust suppression or the knowledge of the disease and how to prevent its development. In 2009, MSHA launched an initiative meant to eradicate black lung, and, in October 2010, the agency proposed a rule to limit miners’ exposure to dust. It would cut the current standard in half, require the use of personal dust monitors that provide data instantaneously, impose tougher dust sampling requirements and increase medical monitoring of miners. Current sampling is performed sporadically, and results can take weeks to come back from a lab. Many mining industry representatives have lined up in opposition to the rule. There is no evidence that the proposed dust standard will protect miners any more than the current one, said Carol Raulston, a spokesperson for the National Mining Association . The industry has argued that the requirement could have serious economic consequences. Like most other miners seeking compensation for their illness, Compton had to file a claim with the Labor Department.black lung benefits - News
Among other findings, a three-judge panel said the US Supreme Court already has rejected arguments that the federal Black Lung Benefits Act violates due process because it imposes retroactive liability on coal mine operators. The appeals court remanded
Jacqueline Keene, the wife of a deceased coal miner, argues that her claim for black lung benefits should be remanded to the administrative law judge (ALJ) because § 1556 entitles her to a presumption under the Black Lung Benefits Act (BLBA),
created a trust to provide compensation to miners who got black lung. NIOSH estimates that about 10000 miners died between 1995 and 2005 from the disease, and the Labor Department estimates it has paid out about $44 billion in benefits since 1970.
Constitutional Law Due process; takings; black lung disease Section 1556 of the PPACA, amending the Black Lung Benefits Act, to create a retroactive presumption in favor of benefits, is not unconstitutional. “Consol falls far short of meeting its
Manchin's office reports that in his first six months, Manchin has addressed more than 1800 constituent cases involving such issues as Social Security, veterans affairs, black lung benefits and Medicare. He has also hosted 11 "coffee and common sense"
Ms. Gail Falk Seltzer, a Black Lung Benefits Staff Lawyer for the ...
Original Caption: Ms. Gail Falk Seltzer, a Black Lung Benefits Staff Lawyer for the United Mine Workers Field Services Office in Charleston, West Virginia. She Is Shown Conducting Business by Telephone with Her Baby on Her Lap. John Nicholas Spends Most of His Day in a Baby Bed beside His Mother’s Desk. Ms. Seltzer Helped Author the Equal Rights Amendment Which Is Under Consideration by the States for Ratification to the U.S. Constitution 04/1974
U.S.
black lung benefits - Bookshelf
Black, The Birth of Evil
"Enter an adrenaline-laced epic where dreams and reality collide"--P. [4] of cover.The Black Swan, The Impact of the Highly Improbable
Examines the role of the unexpected, discussing why improbable events are not anticipated or understood properly, and how humans rationalize the black swan ...In the Black, a history of African Americans on Wall Street
In the Black does a remarkable job of chronicling the work of so many pioneers who have fought for change in the Wall Street arena." —Robert L. Johnson, CEO, ...Black, Seeing Black All Around Us
Introduces some common objects that are black in color including dirt, tires, and hockey pucks.Black Hawk Down, A Story of Modern War
Recounts a 1993 firefight in Mogadishu, Somalia, that resulted in the deaths of eighteen Americans and more than five hundred Somalis, examining the rationales ...Find Article Directory
Employment Law Guide - Black Lung Compensation
Health Benefits, Retirement Standards, and Workers' Compensation: Black Lung Compensation ... The Black Lung Benefits Act (BLBA) is administered by the Office of ...
Social Security Rulings - Disability Income (DI) - Black Lung ...
Federal Coal Mine Health and Safety Act of 1969 — Claim for Black Lung Benefits — Filing as Prerequisite for Entitlement — Protective Filing Date ...
Compliance Assistance By Topic - Federal Black Lung Benefits ...
Compliance assistance information about workers' compensation benefits under the Federal Black Lung Benefits Program.
How to File for a Black Lung Benefit Claim
How to File for a Black Lung Benefit Claim. Note: All forms are given in .pdf format which can be read by downloading the Adobe Acrobat Reader. ...
Black Lung Benefits
FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- CLAIM FOR BLACK LUNG BENEFITS -- FILING AS PREREQUISITE FOR ENTITLEMENT -- PROTECTIVE FILING DATE ...