Black Lung Benefits Reform Act

Summary

Black Lung Benefits Reform Act - Amends the Federal Coal Mine Health and Safety Act of 1969 to establish a rebuttable presumption that miners with 25 or more years of coal mine employment shall be entitled to receive benefits under provisions of the Act. Stipulates that claims for benefits may be filed with the Secretary of Labor after the enactment of this Act if the date of the last exposed employment of the eligible miner occurred before December 30, 1969. Stipulates that no claim for benefits shall be denied based on location or nature of employment. Stipulates that decisions by administrative law judges in favor of a claimant are not appealable, except upon motion of the claimant. Directs the Secretary of Labor to establish a program designed to locate and assist individuals who are likely to be eligible for benefits under this Act. Stipulates that individuals so informed shall be eligible to file a claim despite previous failure to file within the specified time frame. Redefines the term "total disability" to prohibit use of the fact that a deceased miner was still a mine employee at the time of death as evidence that such miner was not totally disabled. Stipulates that criteria for determination of total disability shall not be more restrictive than disability insurance criteria listed in the Social Security Act. Requires that all claimants be given an opportunity for a complete medical examination by a physician of the claimant's own choice. Establishes a Black Lung Disability Insurance Fund in the Treasury of the United States. Sets forth provisions governing administration of the Fund. States that amounts in the Fund shall be available for making expenditures to meet the obligations acquired by the Fund, including the expenses of providing medical benefits. Requires coal mine operators to pay premiums into the Fund according to rates prescribed by the Secretary of Labor and based on the number of tons of coal mined by each operator. Authorizes the appropriation of such sums as may be necessary for the initial operating expenses of the Fund. Directs the Secretary to establish procedures for prompt action on claims. Increases the amount of the award for delays beyond the 60-day period established by this Act. Stipulates that payments from the Fund to miners shall include the costs of medical care and services. Authorizes the appropriation of $2,500,000 for fiscal year 1976 for the construction and operation of clinical facilities. Transfers the Division of Coal Mine Workers' Compensation to the Department of Labor.

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1 official file

• Introduced in Senate

  summary · EN · 18 March 1976

  Open at official source

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