Black Lung Benefits Act

Summary

Black Lung Benefit Act - Amends the Federal Coal Mine Health and Safety Act of 1969 to require that at least five members of the advisory committee on coal mine health research be miners or retired miners. Redefines the term "total disability" under such act to stipulate that, in the case of living miners, such miners shall be considered totally disabled if pneumoconiosis prevents them from engaging in employment in mines to a substantially less extent than that engaged in previously. Stipulates that in the case of deceased miners, the fact of employment at the time of death shall not be used to establish that such miners were not totally disabled. Establishes an irrebutable presumption that miners with 15 or more years of coal mine employment shall be entitled to receive benefits under provisions of the Act. Stipulates that claims for benefits shall be considered timely if filed within three years of the discovery of the disability, within three years of the date of last coal mine employment, or the date of death. Extends the authorization of appropriations for financial assistance for clinical facilities under the Act through fiscal year 1977. Requires review of claims previously denied or pending by the Secretary of Health, Education, and Welfare or the Secretary of Labor, as appropriate, in light of the changes made by this Act. Stipulates that benefits payable after December 31, 1973, shall not be considered as gross income for Federal tax purposes.

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1 official file

• Introduced in House

  summary · EN · 10 March 1977

  Open at official source

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