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17.307 Coal Mine Workers' Compensation
OFFICE OF WORKERS' COMPENSATION PROGRAMS, EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR
Federal Mine Safety and Health Amendments Act of 1977, as amended, Public Laws 91-173, 92-303, 95-239, and 97-119.
To provide benefits to coal miners who have become totally disabled due to coal workers' pneumoconiosis (CWP), and to widows and other surviving dependents of miners who have died of this disease.
TYPES OF ASSISTANCE:
USES AND USE RESTRICTIONS:
Monthly cash benefits are paid to coal miners disabled from coal workers' pneumoconiosis and to widows and other survivors of miners who have died of this disease. There are no restrictions on the use of these benefits by a beneficiary. Medical payments for treatment related to coal workers' pneumoconiosis are available to miners only after January 1, 1974.
Applicant Eligibility: The miner (including some workers involved in coal transportation in and around mines and coal mine construction workers) must have worked in the Nation's coal mines or a coal preparation facility and become "totally disabled" (as defined in the Act) from pneumoconiosis. The applicant may be able to work in areas other than coal mines and still be eligible for benefits. Benefits to miner shall be reduced on account of excess earnings as determined under sections 203(b) through (1) of the Social Security Act for claims filed on or after January 1, 1982. Widows and other surviving dependents of coal miners whose death resulted from coal workers' pneumoconiosis are also eligible for benefits with earnings offsets applicable to certain classes of dependents. Applicants can reside anywhere in the world at the time they apply.
Pre-application Coordination: Applicants are required to state on the claim form whether a claim for disability benefits due to the same condition has been filed under any State or other Federal workers' compensation law. Benefits received as a result of such a claim could be offset against Federal benefits. This program is excluded from coverage under E.O. 12372.
Formula and Matching Requirements: Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Any change in an eligibility requirement or in a factor affecting the amount of benefits, such as, State workers' compensation awards, or change in status of a dependent, must be reported to the Office of Workers' Compensation Programs when it occurs.
Account Identification: 20-8144-0-7-601.
In fiscal year 2001, 3,279 black lung claims were processed to initial findings and $393,177,000 in benefits were paid to 57,140 claimants. In fiscal year 2002, it is anticipated that 9,600 claims will be processed to initial findings and $388,283,000 in benefits will be paid to 53,250 claimants. Projected data for fiscal year 2003 are 7,000 claims processed to initial findings and an estimated $360,371,000 in benefits to be paid to 49,000 claimants.
REGULATIONS, GUIDELINES, AND LITERATURE:
Code of Federal Regulations, Title 20, Parts 410.401 et seq., 718, 722, 725, 726, and 727. Also, Black Lung Amendments of 1981, 30 U.S.C. 901 et seq. "Black Lung Benefits," Fact Sheet No. ESA 91-14.
Regional or Local Office: None. Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs (OWCP), Division of Coal Mine Workers' Compensation (DCMWC). Contact information is available at the following website: http://www.dol.gov/owcp/dcmwc/blcontac.htm.
EXAMPLES OF FUNDED PROJECTS:
CRITERIA FOR SELECTING PROPOSALS: