Penalty. Ante, p. 1256. 52 Stat. 1165. 33 USC 908. Agreed settle 44 Stat. 1434. "DISCRIMINATION AGAINST EMPLOYEES WHO BRING PROCEEDINGS "SEC. 49. It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this Act. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 44, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided. That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void." MISCELLANEOUS PROVISIONS SEC. 20. (a) Section 8(1) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: (i) (A) Whenever the deputy commissioner determines that is is for the best interests of an injured employee entitled to compensaments, approval. tion, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15(b) and section 16 of this act : 33 USC 915, 916. Provided, That if the employee should die from causes other than the injury after the deputy commissioner has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection (d) of this section. "(B) Whenever the Secretary determines that it is for the best interests of the injured employee entitled to medical benefits, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such medical benefits, notwithstanding the provisions of section 16 of this act : Provided. That if the employee should die from causes other than the injur after the Secretary has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subdivision, to and for the benefit of the persons enumerated in subdivision (d) of this section." 52 Stat. 1167. 33 USC 917. Lien on compen- (b) Section 17 of such Act is amended by inserting "(a)" immediately after the section designation and by adding at the end thereof the following new subsection: "(b) Where a trust fund which complies with section 302 (c) of the Labor-Management Relations Act of 1947 (29 U.S.C. 186 (c)) established pursuant to a collective-bargaining agreement in effect between an employer and an employee entitled to compensation under this Act has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this Act, the Secretary may authorize a lien on such compensation in favor of the trust fund for the amount of such payments." October 27, 1972 - 15 Pub. Law 92-576 86 STAT. 1265 (c) (1) Section 2 of the Longshoremen's and Harbor Workers' Com- 44 Stat. 1424; pensation Act as amended by this Act is further amended by striking Ante, pp. 1251, out subsections (16) and (17) and inserting in lieu thereof the follow- 1253, 1262, ing new subsection (16) and by redesignating subsections 2 (18), (19), 1263. (20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), respectively. "(16) The terms 'widow or widower' includes only the decedent's "Widow or wife or husband living with or dependent for support upon him or widower." her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time." (2) Section 9 of the Longshoremen's and Harbor Workers' Com pensation Act, as amended by this Act, is further amended by striking Ante, pp. 1253, the phrase "surviving wife or dependent husband" each time it appears 1257. and inserting in lieu thereof the phrase "widow or widower". (3) The amendments made by this subsection shall apply only with respect to deaths or injuries occurring after the enactment of this Act. TECHNICAL AMENDMENT SEC. 21. Section 3 (a) (1) of the Longshoremen's and Harbor Work ers' Compensation Act is amended by striking out the word "nor" and 44 Stat. 1426. inserting in lieu thereof the word "or". EFFECTIVE DATE SEC. 22. The amendments made by this Act shall become effective thirty days after the date of enactment of this Act. Approved October 27, 1972. 33 USC 903. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1441 accompanying H. R. 12006 (Comm. on SENATE REPORT No. 92-1125 (Comm. on Labor and Public Welfare). Sept. 14, considered and passed Senate. Oct. 14, considered and passed House, amended, in lieu of H. R. 12006; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 45: Oct. 30, Presidential statement. FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 Public Law 91-173 (1969) Summary and Description The main objective of the Federal Coal Mine Health and Safety Act is to protect the health and safety of the Nation's coal miners; and to improve and expand, in cooperation with the States and the coal mining industry, research and development and training programs aimed at preventing coal mine accidents and occupationally caused diseases in the industry. This is effected through frequent inspections by the Department of the Interior of mines and related plants for the purpose of obtaining, utilizing, and disseminating information related to health and safety conditions, the causes and diseases and physical impairments originating in such mines; gathering information with respect to mandatory health or safety standards, and determining whether or not there is compliance with the mandatory safety and health standards. Each coal mine, the products of which enter commerce, or the operation or products of which effect commerce; each operator of such mine, and every miner in such mine is subject to the provisions of the Act. The Act establishes mandatory health and safety standards for such mines, which remain in effect until superseded in whole or in part by improved standards. The Secretary of Health, Education, and Welfare is required to develop and revise improved mandatory health standards, and the Secretary of the Interior is required to develop, promulgate, and revise mandatory safety standards. Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972: GENERAL STATEMENTS The Black Lung Benefits Act of 1972 improves Title IV of the Federal Coal Mine Health and Safety Act of 1969 with respect to coverage for additional beneficiaries, as well as easing evidentiary requirements of establishing total disability due to pneumoconiosis. Several other new provisions were added, which will materially aid the disabled coal miner, his family and survivors. Following is a discussion. of the provisions of the new law. (849) DEPENDENT BENEFITS ORPHANS Orphaned children had no basis under title IV of the 1969 act for claiming benefits. The Black Lung Benefits Act of 1972 permits orphans to claim benefits and places them in the same position they would have been had they been covered since the date of the original 1969 act. That is, benefits are made retroactive to December 30, 1969, for children who file claims within 6 months after enactment (May 19, 1972), or for such retroactive period as they are eligible for benefits. Claims filed more than 6 months after enactment are payable for a period of twelve months preceding the date of filing, or for such portion of the 12 months a child is eligible for benefits. Orphans are entitled to the amount of the miner's benefit, plus an additional 50 percent if there are two children, an additional 75 percent if there are three children, and an additional 100 percent if there are more than three children. OTHER DEPENDENTS Dependent parents, brothers, or sisters may be eligible for benefits as survivors of a miner. Such dependents are not eligible unless at the time of the miner's death the miner left no surviving widow or child. In such cases, if there is a surviving parent of the miner who was totally dependent on the miner for his or her support and lived in the miner's home for at least 1 year prior to the miner's death, such parent is entitled to benefits. If there is no surviving widow, child, or dependent parent, dependent brothers or sisters who meet the same requirements for eligibility as dependent parents are entitled to benefits." CERTIFICATION OF DEPENDENT BENEFITS The Secretary of Health, Education, and Welfare may provide benefits directly to a dependent, or to a third person for the benefit of the dependent, where he determines it is in the dependent's interest to do so. Such cases may arise, for example, when a miner or widow refuses to ask for benefits for a dependent child, or where a miner estranged from his wife or children does not provide these dependents the black lung benefits to which they are entitled. WIDOWS' CLAIMS Before enactment of the 1972 law a widow of a miner could not claim black lung benefits unless her husband was receiving benefits at the time of his death, the miner had filed an application for benefits prior to his death, or died from pneumoconiosis or a respirable disease. Under the new law, in addition, a widow is entitled to benefits regardless of the cause of death if it is established that the miner was, under the law, totally disabled by pneumoconiosis at the time of his death. EXPANSION OF COVERAGE DENIAL OF CLAIMS BASED ON X-RAYS The 1972 law states that, in determining the validity of claims for black lung benefits, denial of such claims shall not be based solely on the results of a chest roentgenogram. Many claims have in the past been denied either because there was no X-ray in the case of a deceased miner, or because the X-ray did not positively establish the existence. of pneumoconiosis. Thus, under the new law the Social Security Administration and DOL must base the denial of a claim on evidence in addition to a negative X-ray. Persons who have filed claims under the old law and were denied benefits on this basis will have their cases reviewed under the 1972 act. REBUTTABLE PRESUMPTION A new rebuttable presumption of pneumoconiosis is established under the 1972 act, effective retroactively to December 30, 1969, under which a totally disabled coal miner who worked in an underground mine (or in conditions substantially similar to an underground mine) for 15 years, is considered totally disabled by pneumoconiosis if he has or had a totally disabling respiratory or pulmonary impairment but his chest X-ray (if any) has been interpreted as negative for pneumoconiosis. A limitation is imposed on this presumption with respect to claims filed under part C of Title IV, discussed below. The presumption may be rebutted only by establishing that the miner does not, or did not, have pneumoconiosis, or that his respiratory or pulmonary impairment did not arise out of, or in connection with, his work in a coal mine. OTHER TESTS AND EVIDENCE The Black Lung Benefits Act of 1972 provides that all relevant medical tests, such as blood gas studies, X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, are to be considered in determining the validity of claims, as well as medical history, evidence submitted by the claimants' physician, and in the case of a deceased miner, affidavits of other persons with knowledge of his physical condition. Use of such additional tests, like the prohibition against denial of benefits solely on the basis of an X-ray and the rebuttable presumption just described, is made retroactive to December 30, 1969, so that previously denied or pending claims will be reviewed accordingly. TOTAL DISABILITY DEFINITION The new law amends the definition of total disability to conform to the realities of the coal mining population. Thus, a coal miner will be considered totally disabled, for the purpose of determining eligibility for black lung benefits, when pneumoconiosis prevents him from gainful work which requires skills and abilities similar to those he used |