Devil in the Dust:  A Black Lung Blog
  • Home
  • About
  • Law
  • Disease
  • History & Policy

Byrd Amendments Update: Senate Democrats Introduce Symbolic Amendments to Protect Black Lung Improvements

The past week has not seen any concrete action regarding the Byrd Amendments.  But like last week’s introduction of a proposed House Resolution by coalfield Republicans,…

Posted by Evan B. Smith on January 13, 2017 1 Comment Read article

Byrd Amendments Update: House Republicans from Coalfield Districts Introduce Resolution to Protect Black Lung Improvements from Obamacare Repeal

Lately the black lung provisions that are within the Affordable Care Act—called the “Byrd Amendments”—have (rightly) been getting a lot of media attention.  For example, there’s…

Posted by Evan B. Smith on January 6, 2017 4 Comments Read article

NIOSH Article and NPR Story on Surging Rate of Complicated CWP

Two big pieces of news regarding black lung today. First, the Center for Disease Control has published an article “Resurgence of Progressive Massive Fibrosis in Coal…

Posted by Evan B. Smith on December 15, 2016 Read article
Image of Black Lung Reporter

Board Holds in Published Case that Miners Cannot Be Compelled to Attend More than Two Operator Examinations (McClanahan v. Brem Coal Co.)

Earlier this week, the Benefits Review Board designated one of its decisions from last month as published. In McClanahan v. Brem Coal Co. (decision here), the…

Posted by Evan B. Smith on August 19, 2016 Read article
Map of 4th Circuit Jurisdiction

Fourth Circuit Vacates Miner’s Award, Holds that ALJ Erred by Excluding CT Scan Readings, Weighing X-rays by Headcount, and Insufficiently Explaining Weight Given to Medical Opinions (Sea “B” Mining Co. v. Addison)

On Friday, July 29, 2016, the U.S. Court of Appeals for the Fourth Circuit issued a precedential “for publication” decision in Sea “B” Mining Co. v.…

Posted by Evan B. Smith on August 1, 2016 Read article
Image for MSHA's "End Black Lung Act Now!" Campaign

Lower Respirable Dust Standard Now Effective in U.S. Coal Mines

Today, August 1, 2016, is the effective date of the new, lower limit on coal-mine dust in American mines.  This reduction is expected to reduce the…

Posted by Evan B. Smith on August 1, 2016 Read article
Image of Black Lung Reporter

Board Holds in Published, En Banc Case that Attorneys’ Fees for Defending a Fee Petition Are Proper Under the Black Lung Benefits Act (Clisso v. Elro Coal Co.)

First, apologies for the lack of new content over the past few months.  There’s been relatively few precedential decisions issued in black lung claims, and at…

Posted by Evan B. Smith on July 14, 2016 5 Comments Read article
Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Affirms Miner’s Award in Published Decision, Holds ALJ Can Use Internet to Review Medical Literature (Dixie Fuel Co., LLC v. Director, OWCP [Hensley])

Today, the U.S. Court of Appeals for the Sixth Circuit affirmed a Kentucky coal miner’s award of federal black lung benefits in a “for publication” decision,…

Posted by Evan B. Smith on April 29, 2016 Read article
Image of Cover of Federal Register

DOL Publishes Final Black Lung Rule re: Medical Disclosure, Modification, and More

In today’s Federal Register, the U.S. Department of Labor’s Office of Workers’ Compensation Programs published its final rule “Black Lung Benefits Act:  Disclosure of Medical Information…

Posted by Evan B. Smith on April 26, 2016 Read article
Arch Coal corporate logo

Arch Coal Sues DOL Over Former Patriot Coal Black Lung Claims

On Friday, April 8, 2016, Arch Coal filed a suit against the U.S. Department of Labor for issues related to black lung benefits and the Patriot…

Posted by Evan B. Smith on April 13, 2016 Read article

Older posts Newer posts

About

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

Subscribe

Blog Traffic

Pages

Pages|Hits |Unique

  • Last 24 hours: 0
  • Last 7 days: 0
  • Last 30 days: 0
  • Online now: 0
panel solar

Recent Posts

  • 2020 Black Lung Benefits Rates
  • Silica Dust and Complicated Black Lung Disease: How long before miners are protected?
  • 2019 Black Lung Benefits Stuck at 2018 Rates
  • NPR Points to Government Failures in Preventing Black Lung
  • Roundup of Media on Black Lung Disability Trust Fund & Federal Budget

Archives

  • January 2020
  • October 2019
  • February 2019
  • December 2018
  • November 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • November 2017
  • October 2017
  • September 2017
  • July 2017
  • June 2017
  • May 2017
  • February 2017
  • January 2017
  • December 2016
  • August 2016
  • July 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014

Categories

  • Disease
  • History & Policy
  • Law
  • Uncategorized

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 66 other subscribers

Watson theme by The Theme Foundry