Director, OWCP v. Greenwich collieries: The end of the true doubt rule
Journal Article
·
· West Virginia Law Review
OSTI ID:121491
Because coal miners are exposed to coal dust over long periods of time, hundreds of thousands of miners have contracted pneumoconiosis (black lung), a serious, progressive and crippling illness. In response to the horrible effects of black lung disease, Congress enacted the Federal Black Lung Program through several statutory enactments, which are commonly referred to as the Black Lung Benefits Act (BLBA). The purpose of the BLBA is to compensate coal miners who have contracted black lung disease. It is a humanitarian, remedial statute. Although the BLBA scheme seems quite complicated, a benefits claimant need only prove that: {open_quotes}(a) he or she it totally disabled, (b) the disability was caused, at least in part, by pneumoconiosis, and (c) the disability arose out of coal mine employment. Also, several statutory presumptions aid the BLBA claimant is establishing his or her entitlement to BLBA benefits. The implementation of the BLBA is discussed.
- OSTI ID:
- 121491
- Journal Information:
- West Virginia Law Review, Journal Name: West Virginia Law Review Journal Issue: 4 Vol. 97; ISSN 0043-3268; ISSN WVLRDO
- Country of Publication:
- United States
- Language:
- English
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