Bluefield Daily Telegraph, Bluefield, WV

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October 30, 2009

Lawmaker sees black lung sufferers need way of beating benefits barriers

By CHARLES OWENS

WASHINGTON — A West Virginia lawmaker is working to remove “persistent barriers” that miners and their families face when trying to secure federal black lung benefits.

U.S. Sen. Jay Rockefeller, D-W.Va., released a report Friday that he had requested from the Government Accountability Office regarding the federal Black Lung Benefits Program. Rockefeller also is calling upon the U.S. Department of Labor to consider and act on the report, and is promising federal legislation to address the challenges faced by miners.

“Miners are the heart of our Mountain State, and we must continue fighting to protect their health and hard-earned benefits,” Rockefeller said in a prepared statement issued Friday. “I requested a comprehensive study of the Black Lung Benefits Program because I heard countless shameful and alarming stories about coal miners whose benefits were routinely delayed or denied altogether. Some cases have taken decades to resolve — this is impractical, harmful, and absolutely unacceptable, given the immediate medical needs of those living with black lung.”

Rebecca Gale, a spokeswoman for Rockefeller, said the West Virginia lawmaker has heard numerous concerns from miners across the Mountain State, including those in McDowell, Mingo and Wyoming counties, who are facing barriers to their federal black lung benefits.

The report released by Rockefeller Friday included a number of recommendations on how to improve the federal Black Lung Benefits Program.

“This report recommends a number of changes — including new requirements for documenting evidence, tracking the agency’s performance and streamlining the paperwork,” Rockefeller said. “I urge the Department of Labor to act quickly to consider and implement needed reforms. I also plan to introduce legislation that makes the structural changes necessary to be sure the program will work for our miners and our families.”

The recommendations in the GAO report include:

• Reducing the number of black lung cases remanded by convening an independent panel to determine the cause for remands.

• Obtaining information on how long it takes to resolve claims by tracking cases through the entire adjudication process and develop associated performance measures.

• A consideration of shortening the time required to schedule hearings for black lung cases and exploring options such as video teleconferencing.

• Implementing changes to the data management system to improve accuracy throughout the claims and appeals process.

— Contact

Charles Owens at cowens@bdtonline.com

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