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WASHINGTON - In a brief filed in federal
court today, the Department of Labor is defending regulations promulgated by
the Clinton administration and intended to streamline the processing of claims
by miners suffering from black lung disease. The regulations will be defended
in court by the Justice Department on behalf of the Department of Labor,
Secretary Elaine L. Chao announced today.
"It is the Department's duty to defend the law, regardless
of whether they are this administration's regulations or the previous
administration's regulations," Chao said. "Our concern is that the litigation
is itself delaying the larger goal of trying to improve the black lung
program."
New rules governing the administration of the black lung
program went into effect on January 19, 2001. The National Mining Association
challenged the regulations in U.S. District Court. The United Mineworkers of
America intervened in the lawsuit to defend the regulations. The court issued
an injunction to allow the new administration to review the regulations and
required the Department to file a brief on the regulations today.
Black lung is a commonly used term for pneumoconiosis, a
lung disease resulting from excessive exposure to respirable coal mine dust. In
severe cases, black lung can be disabling and fatal.
The Department of Labor's portion of the Federal Black Lung
Program provides nearly $460 million annually in monetary and medical benefits
to former coal mine workers who are determined to be totally disabled by the
crippling respiratory condition. Prompt claims decisions, timely benefit
payments and a high level of program service are the program's basic goals.
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