Miners Can Wait Years for Black Lung Benefits, Congress Listens

 A retired coal miner who suffers from black lung disease has urged Congress to help clear a backlog of claims of fellow miners who have the disease. Princeton native Robert Bailey testified at the U.S. Senate Subcommittee on Employment and Workplace hosted a hearing Tuesday. The hearing focused on the struggles miners face while seeking black lung benefits. Lawmakers say the testimony on Capitol Hill was meant to do three things:

1.       Highlight the struggles that black lung claimant’s face while seeking benefits.

Testimony referenced an investigation by the Center for Public Integrity that revealed some ‘cut throat’ methods by Coal industry doctors and lawyers. Those methods helped defeat and delay benefit claims from the growing number of miners suffering from black lung and their widows.

2.      Review the actions taken by the Department of Labor to help improve the situation for miners.

Panelists testified the DOL has instructed reviewers to assist those miners without council and help them keep health records up to date in order to streamline the process.               

3.       Discuss a growing number of backlogs at the Dept. of Labor.                                          

Chairman of the Committee, Sen. Tom Harkin noted that that there is an estimated 14,000 backlogged cases.

“I hope and trust that we are going to be providing the kind of support leagal support and other wise so that we don’t just wait until they all die off,” Senator Harkin said during the hearing. “They deserve compensation and they deserve it now.”

Sen. Robert Casey said he is concerned that sick miners have to wait years for their cases to be decided. Casey chaired the hearing. He is a Democrat from Pennsylvania.

Senator Rockefeller, and Manchin along with other members of congress to are working on a bill that would address some of the systematic problems in the Black Lung system by expanding a miners’ access to medical evidence; creates a program to help miners secure legal representation when applying for benefits; and, makes grant funding available for research into the disease. 

Black Lung Patient Races Against Clock for Transplant, Company Stalls

Robert Bailey was a coal miner for 36 years. He began in McDowell County and after it became too hard to breathe, he retired from a mine owned by Patriot Coal in Boone County.

“Mostly because of my health and my breathing,” Bailey explained between oxygen puffs. “My black lung condition.  I got where I felt like I couldn’t perform the way that I felt like I needed to.”

In 2009 Bailey filed for disability and black lung benefits. After a few years of evaluations, and paperwork, the U.S. Department Of Labor determined that he deserved a monthly payment and medical care, which is a feat in itself. All the while, Bailey was struggling just to breathe.

"It's almost like drowning. You might breath as hard as you can breathe but you can't feel the air."

Bailey describes what it’s like to live with Black Lung:

“A person don’t really understand. It’s almost like drowning. You might breath as hard as you can breathe but you can’t feel the air. You’re not getting any quality no use out of it. Even though you are breathing it just don’t help you and you feel your whole system shutting down like you’re going to melt to the floor.”

An investigation into the misconceptions of black lung and maze of benefits by the Center for Public Integrity revealed a system in which coal miners were fighting an unfair battle for benefits. CPI found that the industries’ go to law firms had been withholding evidence that proved miners qualified for benefits because they had the debilitating disease, pneumoconiosis or black lung.  It also found that certain doctors rarely and sometimes never diagnosed patients to have the disease.

Bailey says he had tests done to rule out cancer, similar to Gary Fox’s case which was at the center of the CPI investigation. Like Fox, doctors found that Bailey needs a lung transplant. That exam he says was in February when doctors confirm Bailey is in a race against the clock.

“They told me that as soon as my testing was done that they would put me on the list,” he said. “So that tells me that they don’t’ think that my lungs have very much life left in them. Now I’m in a waiting game of waiting on the insurance to verify their approval for me to receive this treatment.”

Unfortunately, former miner Gary Fox died while waiting on a transplant.

Doctors made an appointment at a hospital in Virginia about Bailey’s lung transplant. The original date was May 27. But in a letter dated April 23 Patriot Coal’s insurance company, Underwriters Safety and Claims informed Bailey, the company was not approving the next appointment.

The letter gave no timeline indicating when they would make the decision except to say “later”.

Wednesday as Bailey prepared to leave for his appointment, he still didn’t have answers.

So, we called the Underwriters to see what needed to be evaluated since Bailey was already approved for black lung benefits and was receiving them. Bailey’s medical records from Bluefield Regional Medical Center indicated two mostly black biopsies and findings of “severe, complicated pneumoconiosis” or black lung.

But the company would not comment even with Mr. Bailey’s permission.

So we reached out to Patriot Coal. Shortly after we sent that email inquiring about black lung benefits, we heard from Bailey as he traveled to his appointment. He said he was just informed the Underwriters planned to pay for the visit.

Then in an email, Janine Orf, Vice President of Investor Relations with Patriot Coal said:

“As with all healthcare benefits, procedures are in place for medical professionals to review individual cases and determine appropriate treatment.  Patriot continues to provide approved black lung benefits in accordance with our commitments. Patriot cannot comment on individual medical cases.”

Bailey is seeing doctors in Virginia Thursday about a lung transplant. 

Through it all, Bailey says he’s not angry. He’s put the situation in God’s hands and depends on his faith to guide him.

“Transplant I don’t really want,” he said. “I’m hoping for greater things. I’m hoping for a healing but I’ll leave that in the hands of God. Whichever direction I have to go whether it’s through healing or transplant or whatever.”

New Black Lung Rules, Retiring Senator Rockefeller Reflects, and Evolving Digital Evidence

On this West Virginia Morning you can hear about the new rules that aim to drastically reduce the prevalence of Black Lung disease; also, retiring Senator Jay Rockefeller reflects on his political career, and politics in general; and the Appalachian Institute of Digital Evidence is holding its 5th annual conference this week in Huntington.

New Rule to Help Black Lung Disease

The Obama administration is cutting the amount of coal dust allowed in coal mines in an effort to help reduce black lung disease.Black lung is an…

The Obama administration is cutting the amount of coal dust allowed in coal mines in an effort to help reduce black lung disease.
Black lung is an irreversible and potentially deadly disease caused by exposure to coal dust. The government estimates that the disease has killed more than 76,000 miners since 1968.

 
The rule lowers the maximum levels of coal dust in mines. It also increases dust sampling in the mines, and requires coal operators to take immediate action when dust levels are high. The requirements will be phased in over two years.
 
The administration first proposed the rule back in 2010.
 
Top Labor Department officials are unveiling the long-awaited rule Wednesday at an event in Morgantown, W.Va.

Long-Awaited U.S. Rule on Coal Dust to be Announced

  Top federal labor and mine safety officials are heading to West Virginia to release a long-awaited final rule on coal dust.

The announcement will be made Wednesday in Morgantown. Among those attending will be U.S. Secretary of Labor Thomas E. Perez and Joseph A. Main, assistant secretary of labor for mine safety and health. The director of the National Institute for Occupational Safety and Health, John Howard, will also discuss the new rule.

For 3½ years, the Obama administration has been working on the rule to reduce miners’ exposure to dust that causes black lung.

Black lung, or coal workers’ pneumoconiosis, is an irreversible and potentially deadly disease caused by exposure to coal dust.

 

Black Lung Clincs Brace for Federal Cuts & The Award-Winning 'West Virginia at 150'

A McDowell County clinic is worried that federal cuts could compromise care for coal miners with Black Lung Disease. Also, a segment from West Virginia at 150, which won the Best Documentary Award at the Associated Press Broadcasters Association of The Virginias.

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