Proposed rule changes would help coal miners and families get benefits for black-lung disease

Coal miners and their families could find it easier to get benefits for black-lung disease if proposed rule changes in the U.S. Department of Labor are approved, The Associated Press reports. The 2010 health-care reform law requires the department's Office of Workers' Compensation Programs to reinstate two provisions of the Black Lung Benefits Act that were eliminated in 1981, the first year of the Reagan administration.

One proposal would create an assumption that death was caused by black lung if the miner worked at least 15 years and suffered total respiratory impairment, AP reports. After 1982, survivors of miners with black lung had to prove the disease caused the death to get such benefits. The other proposed rule would automatically transfer benefits from the deceased miner to eligible surviving family members.

Coal companies contended that black-lung disease had been eliminated, but it is reappearing in younger miners. At least 17 of the 29 killed in the Upper Big Branch mine explosion a year ago tomorrow had black lung, according to the Mine Safety and Health Administration report about the disaster.

Pennsylvania ranks first in black-lung claims filed since 1973, with more than 138,000, AP reports. West Virginia is second, and Kentucky is third. More than 660,000 claims have been filed nationwide since 1973, with total payouts last year at $227.4 million. The proposed rule changes would affect claims filed on or after March 23, 2010, and claims dating to Jan. 1, 2005. Public comment about the changes is being accepted until May 29. (Read more)