LETTER TO THE EDITOR: Bill would eliminate the requirement of an additional two years of work for black lung recipients

Dear Editor,

Rates of Black Lung disease have hit a 25-year high in Appalachian coal mining states. Here at home, 1 in 5 veteran miners have black lung. By law, miners with black lung are entitled to modest living and medical benefits. State benefits are awarded after a miner files a claim and submits medical evidence to determine the severity of one’s disease.

In Kentucky, the severity of one’s disease determines the amount of benefits a miner is eligible for – those with more severe disease receive higher benefits for a longer duration of time. Currently, if one’s disease worsens, a re-evaluation of one’s benefits requires a miner to show two things: 1) medical evidence to document the progression of the disease and 2) additional two years of work experience. However, black lung disease is progressive and becomes more severe over time even without further exposure to coal dust. That’s why we introduced and support House Bill 62. This bill would eliminate the requirement of an additional two years of work and allow these miners to remain out of the coal dust that has caused their disease.

In 2018, the Kentucky Legislature passed House Bill 2. The bill affected the claims process for black lung disease. Prior to bill passage, the state would contract physicians certified by the National Institute of Occupational Safety and Health (NIOSH), B readers, to read and evaluate chest x-rays for black lung claims. House Bill 2, however, restricted physician eligibility to read x-rays for state compensation claims to board-certified pulmonologists with B reader certifications. It prevented radiologists from being eligible.

There are currently only two physicians, both pulmonologists, that are qualified to read x-rays for the state and neither are located in Eastern Kentucky. However, we do have a radiologist certified by NIOSH as a B reader right here in Pikeville. Under normal circumstances, it is a burden to travel over two hours to Lexington for a medical exam. During the last year, it has been dangerous for a miner with black lung disease to travel due to the threat of being exposed to COVID-19.

This is just one of the reasons why we introduced House Bill 282. This bill will eliminate the requirement that physicians contracted by the state as evaluators for black lung workers’ compensation claims be board-certified pulmonary specialists and, instead, permit both radiologists and pulmonologists with B reader certifications to review medical evidence for black lung compensation claims.

Our miners sacrificed their health for the economy of this state and to power our homes and we need to do all we can to provide the care and support they deserve. Unfortunately these bills have not even been assigned to a committee nor been given the opportunity to have a hearing. We have to take care of each other. These bills, both sponsored by Rep. Ashley Tackett-Laferty (D-Floyd County) but co-sponsored by numerous legislators, must be heard.

Signed,

Rep. Angie Hatton (District 94)

Rep. Ashley Tackett-Laferty (District 95)

Rep. John Blanton (District 92)

Rep. Bobby McCool (District 97)

Rep. Adam Bowling (District 87)

Rep. Derek Lewis (District 90)

Rep. Robert Goforth (District 89)

Rep. Chris Fugate (District 84)

Rep. Norma Kirk-McCormick (District 93)

Rep. Patrick Flannery (District 96)