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

By WorkCompCentral

Wednesday, October 4, 2017 | 292 | 0 | 0 min read

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 ...

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