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New York Times Editorial on Black Lung: “Miners Battle Black Lung, and Bureaucracy”

Today the New York Times printed an editorial written by the Times’s Editorial Board about black lung and current issues facing miners and their families struggling…

Posted by Evan B. Smith on September 8, 2014 Read article

NIOSH Expands Coal Workers’ Health Evaluation Program

The National Institute for Occupational Safety and Health (NIOSH) is expanding its national program of health surveillance for coal miners. In accordance with the Mine Safety and…

Posted by Tarence Ray on August 28, 2014 Read article
Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Affirms Widow’s Automatic Entitlement to Benefits Despite Previous Denial (Peabody Coal Co. v. Director, OWCP [Hill])

In a short, unpublished decision (decision here), the U.S. Court of Appeals for the Sixth Circuit affirmed a widow’s award of black lung benefits under the…

Posted by Evan B. Smith on August 18, 2014 1 Comment Read article

Sixth Circuit Affirms Surface Miner’s Award of Benefits, Applying 2013 Amendments to Regs (Central Ohio Coal Co. v. Director, OWCP [Sterling])

Today the U.S. Court of Appeals for the Sixth Circuit issued a published decision (available here) which clarifies that surface miners with pending black lung benefits…

Posted by Evan B. Smith on August 7, 2014 1 Comment Read article

NIOSH Study Finds Coal Miners at Small Mines More Likely to Have Black Lung

In 1998, the Louisville Courier-Journal ran “Dust, Deception and Death,” a five-part investigation into the shocking prevalence of black lung in the mining industry. One story…

Posted by Tarence Ray on August 7, 2014 4 Comments Read article

National Black Lung Association and Black Lung Clinics Support New Dust Rule

Yesterday the National Black Lung Association and the National Coalition of Black Lung and Respiratory Disease Clinics announced their support of the Mine Safety and Health Administration’s…

Posted by Evan B. Smith on August 1, 2014 4 Comments Read article
Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Holds “Minor” Contribution of Coal-Mine Dust to Lung Disease Can Prove Pneumoconiosis But Disability Causation Uses a Different Standard (Arch on the Green, Inc. v. Groves)

Today the U.S. Court of Appeals for the Sixth Circuit issued a published decision that turns upon the different legal standards used to determine whether a…

Posted by Evan B. Smith on July 31, 2014 2 Comments Read article

Black Lung News Roundup Following July 22 Senate Hearing

The past week saw a lot of news coverage of black lung issues following the Senate hearing on Tuesday July 22nd (see previous post).  In attendance…

Posted by Evan B. Smith on July 27, 2014 3 Comments Read article

Congressional Hearing on “How Unethical Legal and Medical Practices Stack the Deck Against Black Lung Claimants”

This morning beginning at 9:45 a.m., a congressional hearing is being held on “How Unethical Legal and Medical Practices Stack the Deck Against Black Lung Claimants.” …

Posted by Evan B. Smith on July 22, 2014 3 Comments Read article

Majority of Miners and Widows Not Represented Before Benefits Review Board in June 2014

In June 2014, most miners and widows were unrepresented before the Department of Labor’s Benefits Review Board (the Department’s appellate body which reviews the decisions of…

Posted by Evan B. Smith on July 17, 2014 2 Comments Read article

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Devil in the Dust is published by Appalachian Citizens' Law Center, a nonprofit law firm that fights for justice in the coalfields by representing coal miners and their families on issues of black lung and mine safety. Appalachian Citizens' Law Center Logo

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