USCA 7th Upholds 4th Attempt At Black Lung Benefits

The US Court of Appeals for the Seventh District ruled Wednesday that a retired coal miner was not barred from bringing his fourth attempt at a successful Black Lung Benefits Act claim as he demonstrated a material change in one of the conditions of entitlement.In Midland Coal Co. v. Dir., Office Of Workers' Comp. Programs (02/18/04 - No. 02-2734), George W. Shores worked for Midland Coal Company as a miner for 26 years. He now suffers from a variety of respiratory and pulmonary problems. Much of his time was spent above ground working as a welder at strip or surface mines, but even there...