Black Lung Benefit Act

Summary

Black Lung Benefits Act - Directs that in the implementation of the provisions of the Federal Coal Mines Health and Safety Act of 1969 the Advisory Committee on Coal Mine Health Research established under such Act shall include in its membership a minimum of five members who are miners or retired miners. Requires that the standards prescribed by the Secretary of Health, Education, and Welfare for determining the total disability of a miner due to pneumoconiosis, in the case of claims filed after July 1, 1973, shall not be more restrictive than such standards prescribed by the Secretary for evaluating claims filed prior to July 1, 1973. Requires that if a miner claiming black lung benefits under the Act after December 31, 1972, was employed for fifteen years or more in one or more underground coal mines there shall be an irrebuttable presumption that the miner is totally disabled due to pneumoconiosis or that at the time of his death he was totally disabled by pneumoconiosis. Authorizes the Secretary of Health, Education, and Welfare to utilize procedures including affidavits similar to those utilized by him in determining entitlement to disability insurance benefit payments under the Social Security Act in cases under the Federal Coal Mine Health and Safety Act of 1969 where there is no medical evidence in the case of a deceased miner, in order to establish that the miner claiming benefits thereunder was totally disabled due to pneumoconiosis or that his death was due to such disease. Provides that the Secretary shall include a State workmen's compensation law on the list of State laws found by the Secretary to provide adequate coverage for pneumoconiosis for purposes of such Act if he finds that any claim for benefits on account of total disability or death of a miner due to pneumocomiosis is deemed by such State law to be timely filed if such claim is filed within three years of the date of last coal mine employment of such miner, and if it meets other criteria under the Act. Directs the Secretary to review all claims which were filed with the Secretary of Health, Education, and Welfare under the Act and which were denied or were pending at the time of the enactment of the Black Lung Benefits Act of 1974.

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1 official file

• Introduced in House

  summary · EN · 9 October 1974

  Open at official source

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