Field Hearing On Improving the Federal Black Lung Benefits Program Hearing Bef
Field Hearing On Improving the Federal Black Lung Benefits Program Hearing Bef
Occupational Health United States Congress House Committee On Educa
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The theory behind changing the regulations seemed to be that it was not fair for a widow to get Black Lung benefits if her husband was killed by an automobile accident or other type of traumatic occurrence. That sounded good. 15 However, what happened by changing the regulations is that the burden of proof upon the widow became almost impossible. She now has to show the coal workers' pneumoconiosis was a signifi- cant cause of her husband's death. This is almost impossible, and litigation conti...nues. Most of the medical evidence available today shows that coal worker pneumoconiosis is disabling and continues until the time of death but usually does not cause death, so that even if a miner who is unable to breath has other significant medical problems such as heart disease or cancer, they are denied benefits simply because that coal workers' pneumoconiosis wasn't the primary cause of the miner's death. My recommendations to change any of the regulations would be to return to a rebuttable presumption burden of proof with more realistic requirements that were used under the 20 CFR 727 regula- tions.
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