In an effort to undo the callous and bureaucratic obstacles faced by survivors of deceased miners who suffered from black lung disease, U.S. Rep. Nick J. Rahall (D-WV) has reintroduced legislation to give these family members greater rights under the Black Lung Benefits Act.

"West Virginia was built on the backs of our miners, but, sadly, thousands of these hardworking men have perished at the hands of the crippling effects of black lung disease," Rahall said. "The very least we can do is to help ease the burden so many families have had to endure in order to receive the black lung benefits to which they are rightfully entitled."

H.R. 1123, the Black Lung Benefits Survivors Equity Act of 2007, would reestablish the provisions for the black lung claims process to the standards used before a number of adversarial amendments were made to the law in 1981 under the Reagan Administration. Those amendments left a dual and inequitable standard governing how benefits are handled for surviving spouses of deceased beneficiaries.

The legislation would remove the requirement established under the 1981 law that forced surviving spouses to refile a claim if the beneficiary's date of death is after January 1, 1982 - the effective date of the 1981 Act. In order to continue receiving benefits, the surviving spouse was forced to file a new claim to prove the miner died as a result of black lung disease - despite the fact that the miner was already deemed eligible to receive benefits prior to death.

"It is inane to see that widows who are already receiving benefits under the law are being forced to prove for a second time that their spouses had truly suffered from this debilitating disease. It is long overdue for us to reverse these illogical, unfair and outlandish policies," Rahall said.

In addition, the legislation will correct the inequitable standard governing the basis by which a miner or his widow is entitled to benefits under the Act, by applying the rebuttal presumption of black lung disease to both pre- and post-1981 Act claimants.

"I have long pressed for legislation on this issue of grave concern to West Virginia's mining families. The cold-hearted treatment extended to the widows of victims of black lung disease is unacceptable. It must be put to an end now," Rahall said.