LEGAL PROFESSIONALS AND BENEFITS COUNSELORS

The Black Lung Center of Excellence (BLCOE) provides information that addresses the impact of legislation and care coordination for miners in their pursuit of black lung benefits. 

Benefits Counselors work with coal miners and their families to assist in filing Federal and State Black Lung Benefit claims and understanding the information they receive and the steps in the process. They also work with coal miners to identify resources and work with medical and legal professionals.
Legal Professionals work with coal miners, medical providers and benefits counselors as the process for miners and their families moves past the US Department of Labor Black Lung clinical evaluation.

This presentation from the Miners Clinic of Colorado introduces the basics of Black Lung Benefits counseling. The goal is to help you understand the claim filing process and to help you find resources.

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  • In 2014 and 2018 the U.S. Department of Labor (DOL) made changes to The Dust Rule regulations which limited the dust miners breathe while working underground. The Dust Rule reduces the permissible dust level by 25%, closes important loopholes, and provides miners with better information about their working conditions.
  • MSHA is soliciting information and data on engineering controls and best practices that lower miners’ exposure to respirable coal mine dust. On July 3, 2019 the comment period for the RFI was extended until July 9, 2022. 
  • The Affordable Care Act contains provisions known as the “Byrd Amendments,” which automatically entitle many widows to black lung benefits and experienced coal miners suffering from a respiratory disability with a powerful presumption that their disabling breathing problems are due to black lung. 
  • In 2016, the DOL mandated that most medical evidence developed in black lung benefits claims be disclosed to all parties.
  • In 2018, The Division of Coal Mine Workers’ Compensation (DCMWC) revised the procedures for providing pulmonary rehabilitation services at a health care facility to eligible coal miners whose benefits are paid by the Black Lung Disability Trust Fund. Learn more about these updated procedures here.

Trends and Patterns of Differences in Chronic Respiratory Disease Mortality Among US Counties
This study analyzes county-level mortality rates of chronic respiratory diseases in the United States from 1980-2014, including silicosis and coal workers’ pneumoconiosis. 

Black Lung in the 21st Century: Disease, Law, and Policy
This article explores the current medical reality of black lung disease, recent changes to federal law, and current policy issues in the black lung benefits system. 

List of DOL-Approved Providers
This list of approved providers for the US Department of Labor Federal Black Lung Program is sorted by state and was last updated March 30, 2021. 

Revised Procedures for In-Facility Pulmonary Rehabilitation
In 2018, the Division of Coal Mine Workers’ Compensation (DCMWC) revised the procedures for providing pulmonary rehabilitation (PR) services at a healthcare facility to eligible coal miners whose benefits are being paid by the Black Lung Disability Trust Fund.
For more information, please visit the Department of Labor’s website here.