On January 19, 2012, Ross filed a claim for benefits under the Black Lung Benefits Act
, 30 U.S.C.
Department of Labor (DOL) Office of Workers Compensation Programs has issued a final rule for the Black Lung Benefits Act
, which the agency said will strengthen health safeguards for coal workers and provide them greater access to health information.
The rule makes significant revisions to the regulations implementing the Black Lung Benefits Act that will give miners greater access to their health information, bolster the accuracy of claims decisions, and require coal mine companies to pay all disability or survivors benefits due in a claim before modification can challenge the award.
The mission of the Division of Coal Mine Workers Compensation, the federal Black Lung Program, is to administer claims filed under the Black Lung Benefits Act. The act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, eligible survivors of miners whose death was attributable to or hastened by pneumoconiosis and survivors of miners who were entitled to benefits at the time of their death.
Newman maintains a secondary concentration in the practice of administrative law under the Federal Coal Mine Health and Safety Act and Black Lung Benefits Act
"I mean, can you really suggest -- I mean, they've cited the Black Lung Benefits Act
and those have nothing to do with any of the things we are talking about."
* The Black Lung Benefits Act
provides for workers' compensation for miners suffering from black lung.
Historically state-regulated, some workers comp issues do, however, fall under federal control, including the Federal Employee Compensation Act (FECA), Black Lung Benefits Act
, and the Longshore and Harbor Workers Act.
Coal dust build-up prevents many coal miners' lungs from functioning Properly.(1) This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible.(2) The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care.
The 1969 Act created four statutory presumptions to remove some of the impediments facing miners as they sought disability payments.(4) Because many eligible miners still did not receive benefits, Congress passed the Black Lung Benefits Act of 1972 ("1972 Act")(5) The 1972 Act, among other things, covered medical benefits for treating pneumoconiosis in eligible miners.
Part I demonstrates that the Black Lung Benefits Act, the Administrative Procedures Act (APA), and the Constitution permit the Doris Coal presumption.
Moreover, the proposed regulations violate the Administrative Procedure Act and the Black Lung Benefits Act
and fail to comply with the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act.