Regular, annual exams are important for all coal miners, Evans told the meeting audience, because pneumoconiosis — black lung — and silicosis from rock dust exposure are progressive conditions. Even though an initial diagnosis may not qualify a miner for black lung benefits, annual screenings are key to qualifying, she added.

“Encourage your buddies, even some of the younger miners, to get screened,” said Evans.

Evans said her experience in examining miners has shown that older and younger miners who have worked on surface mine sites appear to suffer more from silicosis because of the quantities of rock that have to be cut through to reach coal seams. Black lung seems to be more frequent among underground mines, she said, although they also suffer from silicosis.

“They’re stubborn, the young miners,” said Evans. “They’re making a good living, but they’re worried about repercussions.”

Evans and Courtney Rhoades of the Appalachia Citizens Law Center both said U.S. Department of Labor regulations include a provision — Part 90 — that allows employed miners with a black lung diagnosis to work in areas away from a mine face or away from high-dust areas.

Several of the miners at the meeting said they or acquaintances using the Part 90 provision often were transferred to mine areas with cold temperatures or still-dusty conditions. One miner said it seemed as if his employer was trying to freeze him off the job after he was assigned to a mine silo outside in the winter.

“I had to hug the speed control on the machinery just to warm up,” the miner said.

Rebecca Swinney, the daughter of deceased Westmoreland Coal Co. miner Harold Craft, and widow Pam Stacy joined Evans and Rhoades in encouraging the audience to get annual Department of Labor physical exams for black lung.

“It’s important for everyone to get screened,” said Swinney. “My father died in 2020 before he could get his benefits, and the doctor listed COVID and pneumoconiosis on his death certificate. We’re trying to get black lung survivors’ benefits for my mother now.”

Swinney’s mother has her Department of Labor administrative hearing in April.

Stacy said her husband, Herbert, worked for Westmoreland Coal Co. and Stone Gap Coal Co. and was diagnosed with simple pneumoconiosis before he was awarded benefits before his death.

Stacy said black lung was not listed on her husband’s death certificate, and he lost benefits before he died after Stone Gap appealed to the Department of Labor. Her appeal hearing is in March.

“(Black lung) has to be shown as a reason that hastened your death,” Rhoades said. “but typically, that can be done with medical evidence. It doesn’t always rely on the death certificate, or just on an autopsy in some cases.”

Rhoades said people need to get checked up as often as they can because black lung is a progressive condition.

“Even if today they’re not showing anything, 10 years from now you could start showing signs,” Rhoades added.

“My husband got so sick and so tired of fighting,” said Stacy. “He was in and out of hospitals all the time. When they took his black lung, he was so devastated that he got more discouraged and so much sicker to where he said, ‘I don’t want to get any more tests.’ ”

“When he passed, I decided I was going to make things right for him,” Stacy said.

“I think my dad was even afraid to pursue it because with any additional benefits they would take away his insurance, what money he would be drawing.”

Rhoades said black lung benefits awards rarely impact what Social Security benefits that retired miners may already receive.

“Anyone who finds they have black lung should be compensated because the stipend is insignificant as far as funding goes,” Rhoades said, “but the health coverage is huge. Anything related to your black lung is covered for your care for the remainder of your life.”

Two pieces of federal legislation — the Survivors of Miners Act and the Black Lung Benefits Improvement Act — are key to making it easier for miners’ widows to get a presumption of black lung as a cause of death when applying for benefits and to raise benefits from the basic $707 per month.

While the Survivors Act has been filed in both houses of Congress, Rhoades said the Improvement Act has not yet made it to the House. Also pending is a Department of Labor decision to implement tougher regulatory standards for dust levels in underground and surface mine operations.

Rhoades, Stacy and Swinney all credited Virginia U.S. Sens. Mark Warner and Tim Kaine for their support of the Survivors and Improvement acts. The trio also encouraged miners and survivors to contact Ninth District Congressman Morgan Griffith to support both bills.

Ninth District Congressman Morgan Griffith: Washington D.C.: (202) 225-3061; Abingdon: (276) 525-1405.