Curtis Tate Published

Federal Shutdown Slams Brakes On Black Lung Lawsuit

A large white truck with blue lettering sits in a parking lot with a tent sheltering multiple people from the sun on a hot day.
The NIOSH mobile black lung clinic visited Mylan Park in Morgantown in late July.
Curtis Tate/West Virginia Public Broadcasting
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The federal government shutdown has put a lawsuit over black lung benefits on pause.

The U.S. Attorney’s Office in Charleston has asked U.S. District Judge Irene Berger to hold Wiley v Kennedy in abeyance for 14 days.

It says the employees of the Justice Department and Health and Human Services can’t work during the shutdown, even on a voluntary basis.

Harry Wiley, a Kanawha County coal miner, sued HHS and its secretary, Robert F. Kennedy Jr., in April over the Trump administration’s cuts to a program that screens miners for black lung.

In May, Berger ordered HHS to restore the program. In August, she allowed a Mingo County coal miner, Matthew Ward, to join the lawsuit.

The black lung program’s mobile health unit last offered free screenings to miners in September.

An email to a spokeswoman for the program was returned with an automatic reply indicating that she is on furlough until further notice.