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   Vol.66/No.17            April 29, 2002 
 
 
In Washington, women press fight
for coal miners' black lung benefits
(front page)
 
BY CINDY JAQUITH  
WASHINGTON--Linda Chapman and Phyllis Tipton concluded their 525-mile walk for black lung benefits here April 16. They had begun their journey in Charleston, West Virginia, March 15, determined to walk from the coalfields of West Virginia and Pennsylvania to the nation's capital to demand justice for coal miners afflicted with black lung and their widows.

Black lung is a preventable disease caused by the inhalation of coal dust. A massive struggle by coal miners in the late 1960s led to federal legislation providing benefits for miners suffering from the disease. Their widows were also entitled to benefits under the legislation.

Under the law there was a presumption of the existence of black lung if the miner had been in an underground mine for at least 15 years and had evidence of total disability from respiratory or pulmonary problems.

In 1981 the law was amended. The changes substantially weakened its provisions, to the benefit of the coal companies. For miners filing claims after 1981, it was no longer sufficient to prove 15 years' employment and respiratory or pulmonary illness to qualify for benefits. The 1981 amendments also stipulated that if a miner already receiving black lung benefits died after Jan. 1, 1982, the spouse would have to apply for benefits anew.

Linda Chapman's husband Carson died of black lung in 2001. He never won benefits and Chapman continues today to struggle for approval of her claim as his widow. Phyllis Tipton's husband Dick is a member of the United Mine Workers of America (UMWA) who suffers black lung. He accompanied the 525-mile walk in a support vehicle.

Coal miners and other activists in the fight for black lung benefits gathered here to welcome Chapman and Tipton. They came from many chapters of the Black Lung Association (BLA) in Alabama, Illinois, Pennsylvania, and West Virginia. Many of the leaders of these BLA chapters are retired or disabled members of the United Mine Workers of America (UMWA). Representatives of the United Mine Workers of America (UMWA) were also present.

Peggy Coleman, whose husband died of black lung, has had her federal claim for benefits denied 13 times. She came with a BLA-organized delegation from southern West Virginia. "A man can be hit by a car, and they'll say, 'The car killed him,'" she said. "But try being a widow of a miner and proving your husband died of black lung."

Kathryn South was also present. Her husband Mike South was a longtime president of the national BLA. After a long battle, he died of black lung last summer. The changes to the original black lung law, she said, represent "discrimination against women--they were trying to wipe women totally out of this."

UMWA District 31 in northern West Virginia was represented by a delegation of around 15 people, most of whom are retired UMWA members. Mike Ayers, the International Executive Board member in the district, said that when black lung legislation was first enacted in 1969, more than 60 percent of miners in the district received benefits. Today, he estimated the number whose claims are approved at a mere 4 percent.

LeMarce Moore came from Birmingham, Alabama. "I worked as a miner at Jim Walters No. 3 mine for six years," she said, "and I now get black lung benefits. What is sad is to see miners who worked for 30 years who can't get their benefits." Moore was sent by the Birmingham BLA chapter, of which she is vice president. She is also vice president of the national association.

Al Danel is another miner who managed to get black lung benefits. Today he is president of the Pennsylvania BLA. He came with his wife Jo and 10 other activists, mostly from the Johnstown area. "We came for the ones who aren't getting their benefits," said Jo Danel. "We know what it meant for us to get them."

Pennsylvania miners have the highest approval rate for black lung claims in the nation, said Al Danel. Yet most still do not succeed. The coal companies use their right to appeal the miner's claim, he said, and "few lawyers will touch these cases."

Danel described the procedure for filing a claim. If a miner believes he or she has black lung, he said, they must first visit a doctor approved by the Department of Labor. If that doctor finds the miner has black lung, the company can appeal, forcing the miner to go to a doctor of the company's choosing. If that doctor claims the miner does not have black lung, the miner can visit two doctors of his or her own choosing. The miner will have to pay $800–1,000 for the tests each of these doctors will perform.

Coal companies have been known to require a miner to see 10 company doctors, with predictable results. Danel explained that this intimidating procedure discourages many miners from even trying to apply for benefits.

Rose Ceja and Katherine Garcia flew in from Denver, Colorado. They heard about the event at a BLA meeting. Ceja works with miners applying for black lung benefits. The two said there are efforts to open a black lung clinic in Denver.

Lewis Fitch, the National BLA president, drove to Washington from Illinois with two other activists. The widows' walk, he said, "has brought the issue of black lung to life. So many people didn't know the real truth, that most miners get no compensation."

Chapman and Tipton held a news conference attended by 70 people at the Capitol with U.S. Rep. Nicholas Rahall, a Democrat from West Virginia. UMWA president Cecil Roberts joined the press conference, along with several other members of Congress. Rahall said that he is introducing a bill into Congress that would eliminate the clause requiring widows to reapply for benefits. The bill also extends the presumption of existence of black lung to claims filed past 1981.

At the news conference Linda Chapman recalled that near his death her husband told her, "I'm not tired of living; I'm tired of dying." The widows of miners who have died from the disease, she declared, "are tired of being beaten up, beaten down, and beaten back. I refuse to give up."

At the conclusion of the press conference, LeMarce Moore presented Chapman with a check for $500 from the BLA chapter in Alabama.

Cindy Jaquith is a sewing machine operator in southwestern Pennsylvania and a member of the Union of Needletrades, Industrial and Textile Employees.  
 
 
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