Published Board Decision: A Coal Miner’s Award of Benefits Does Not Need to Come Before His Death for a Survivor to be Automatically Entitled to Benefits under § 932(l) (Ferguson v. Oak Grove Resources, LLC)

On August 7, 2017, the Benefits Review Board issued a published decision (available here) concerning the “automatic entitlement” provision at 30 U.S.C. § 932(l). The Board rejected…

NPR Revisits Black Lung Resurgence with Coverage of NIOSH Panel—NPR’s Count of Miners with Severe Black Lung Now at 2,000

Yesterday National Public Radio ran a piece by Howard Berkes following up on his important reporting from earlier this year about the alarming resurgence of severe…

Study on Progression of Severe Black Lung Shows Disease Not Being Detected Soon Enough Due to Infrequent X-rays of Coal Miners

Researchers are trying to better understand the resurgence of severe black lung among American coal miners. A study—”Radiographic Disease Progression in Contemporary US Coal Miners with…

Map of Jurisdiction of U.S. Court of Appeals for the 10th Circuit

Tenth Circuit Affirms Miner’s Black Lung Award Holding Coal-Mine Dust and Cigarette Smoke Are Additive (Energy West Mining Co. v. The Estate of Morris E. Blackburn )

Today, the U.S. Court of Appeals for the Tenth Circuit issued a published opinion affirming a coal miner’s award of federal black lung benefits. In Energy…

Detailed Smithsonian.com Article: “Why Black Lung Disease Is Deadlier Than Ever Before”

A couple days ago, Smithsonian.com published a detailed article about the recent resurgence of black lung. The well-done article, titled “Why Black Lung Disease Is Deadlier…

Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Affirms Miner’s Black Lung Award: ALJ’s Finding of “Substantial” Smoking History Sufficient Explanation (Grayson Coal & Stone Co. v. Teague)

This week the U.S. Court of Appeals for the Sixth Circuit affirmed a coal miner’s award of benefits in an unpublished decision, Grayson Coal & Stone…

Pittsburgh Post-Gazette Article on Black Lung Clinic

Over the weekend, the Pittsburgh Post-Gazette ran a story about a black lung clinic in McMurray, Pennsylvania: Lungs at Work. The reporter spoke with Lynda Glagola,…

Gorsuch’s Rulings in Black Lung Benefits Cases

Now that President Trump has nominated Judge Neil M. Gorsuch to the U.S. Supreme Court, many are sifting through his record to better understand what his…

Byrd Amendments Update: Senate Republicans Introduce Bill Protecting Black Lung Improvements & Analysis of Executive Order 13,765 Concerning the Affordable Care Act

The uncertainty around the future of the black lung improvements that are contained within the Affordable Care Act continues. “Day one” has come and gone and…

Federal Black Lung Benefits Rates for 2017: Benefits Increase By 1%

Recently the U.S. Department of Labor increased by 1% the modest amount of money that disabled coal miners and their families who receive federal black lung…