Judge Upholds Eased Black Lung Rules

WASHINGTON â€”  A federal judge upheld Clinton-era regulations Thursday that aim to make it easier for coal miners to get black lung benefits.

The National Mining Assn. sued the Labor Department to have the rules overturned. Mine operators and their insurance companies pay for the black lung benefits program, although the Labor Department runs it.

Asked if the association would appeal the ruling of U.S. District Judge Emmet Sullivan, association lawyer Mark Solomons said: “You could bet your pension on it.�

The rules, which took effect a day before President Clinton left office, are designed to simplify and expedite the claims process. Solomons contends parts of the rules are arbitrary and the agency overstepped itself in issuing them.

Sullivan disagreed. “The [Labor Department] was acting entirely within its authority,� the judge said in his written ruling.

The United Mine Workers of America praised the ruling.

“It’s an excellent, thoughtful, well-reasoned decision upholding the black lung rules in their entirety,� said an elated Judith Rivlin, the union’s lawyer.

Black lung disease impairs breathing and is caused by long-term exposure to coal dust. Unlike other lung diseases, it does not show up on X-rays and generally is diagnosed by its symptoms. The union estimates more than 1,400 miners die of the disease each year.

The new rules limit the amount of medical evidence that can be submitted for black lung claims. Under the old rules, mine operators were permitted to submit an unlimited number of medical opinions, effectively cutting off would-be beneficiaries by keeping their claims in litigation for years. The rules also give the opinion of the miner’s treating physician more weight than in the past.

The union estimates that 7% of black lung claims are approved and that the figure will increase to 12% under the new regulations. Solomons predicted that 20% of claims would be approved under the new rules.

Sullivan blocked the processing of some new claims this year pending the outcome of the lawsuit. Thursday’s ruling allows those claims to move forward.

UMWA President Cecil Roberts said in a statement that Labor Secretary Elaine Chao’s decision to defend the Clinton-era rules “certainly contributed to our overall success.�

In a statement Thursday, Chao said she was “pleased the court upheld the regulations, whether they originated in this administration or previous administrations.�