Black Lung Benefits Improvement Act of 2022

Black Lung Benefits Improvement Act of 2022

This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits.

Specifically, the bill requires the Department of Labor to

• pay the attorneys' fees of specified parties on a qualifying benefit claim,
• give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation,
• authorize a CT (computerized tomography) scan in diagnosing complicated pneumoconiosis, and
• develop a strategy to reduce delays in adjudication of black lung disease benefits claims.

The bill also establishes criteria that a mining operator must meet to self-insure against claims and increases from $1,000 to $25,000 the daily penalty amount that may be assessed against a mining operator that fails to make black lung benefits payments.

The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.

The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits.

Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners.

Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.