Thursday, June 05, 2014

Feds to stop using black-lung opinions of coal-industry doctor who's rarely found it

"Citing an investigative report by ABC News and the Center for Public Integrity, the U.S. Department of Labor has ordered officials handling black lung claims from mine workers to stop relying on the medical opinions of a leading Johns Hopkins doctor whose work for coal companies helped lead to benefits being denied to thousands of miners over the last two decades," Brian Ross, Matthew Mosk and Randy Kreider report for ABC.

In reviewing more than 1,500 claims of black lung since 2000, Dr. Paul S. Wheeler didn't certify a single claim, the investigation found. In fact, during a 2009 court testimony, "Wheeler said the last time he recalled finding a case of severe black lung, a finding that would automatically qualify a miner for benefits under a special federal program, was in 'the 1970's or the early 80's,'" ABC reports. Johns Hopkins suspended Wheeler's unit a few days after the October 2013 investigative report was released, and is still conducting its own investigation on the matter. (ABC photo: For each X-ray Wheeler reads, coal companies pay Johns Hopkins $750.)

Wheeler said "that he could not conclude the coal miners had black lung without first seeing a biopsy—a step not required by the government program that provides financial support to coal miners who have fallen ill with the deadly disease," ABC reports. "He said other maladies were as likely, or more likely, to cause lung damage that could be mistaken as black lung." Dr. Jack Parker of West Virginia University called Wheeler's X-ray readings "intellectually dishonest."

The Labor Department, which said it wasn't aware of Wheeler's history, "is now preparing to notify every miner whose benefits were denied based in part on the doctor's X-ray readings that they should consider reapplying for those benefits," ABC reports. Sen. Robert Casey (D-Pa.) told ABC, "This sends a signal that the Department of Labor hasn't sent in a long time. That they're not going to tolerate a system that's rigged."

The investigation also found that Jackson Kelly, the leading law firm that defends coal companies when miners file lawsuits over black lung, has a record of withholding evidence. In some cases, Jackson Kelly's own doctors found evidence of cancer, but the law firm kept quiet about it, referring instead to doctors hired by the plaintiff who didn't search for, or find, evidence of black lung. (Read more)

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