Employer, Carrier Insolvency Leaves Guaranty Association on Hook for Black Lung Benefits

The U.S. 6th Circuit Court of Appeals ruled that the Kentucky Insurance Guaranty Association will be liable for the payment of black lung benefits to a coal miner if his employer and his employer’s insurance carrier, have both gone insolvent. Case: Island Fork Construction v. Bowling, No. 16-4319, 09/29/2017, published. Facts and procedural history: Jimmy Bowling worked as a coal miner for 29 years and developed pneumoconiosis. In 2010, he filed a claim for benefits under the Black Lung Benefits Act.  Bowling’s last job had been with Island Fork Construction ...