HEGINS — Since receiving approval for his black lung benefits, David A. Lucas has been championing the cause to assist other miners with their often arduous claims process.
“The coal miners are smothering, little by little, and they’re putting their hands around our throats,” Lucas said of the drawn-out application and hearing schedule.
Lucas and three other miners met Friday around the miners’ memorial in his Hegins front yard, comparing notes. Lucas was also going to ride along with a fellow miner who had a doctor’s appointment in Lehighton to determine if he had a black lung diagnosis.
It’s been more than a year since Lucas hosted a discussion May 4 for coal miners at the Joliett Fire Company. Those attending included William F. Hanley, senior economic development specialist from U.S. Rep. Matt Cartwright’s office, D-17; and attorney Helen M. Koschoff, Wilburton, who represents several hundred miners and their widows with their black lung claims. At that time, a registry was started at Cartwright’s office, listing the names of miners who were still awaiting word on their claims hearings, or decisions. By October 2015, there were 20 people in the 17th District who had added their name to the list.
“Nothing much has changed,” Koschoff said. “The cases are actually taking much longer and there aren’t as many hearings being scheduled. The decisions are just trickling out.”
Of the hundreds she represents, only one hearing has been scheduled this summer, she confirmed.
“It’s frustrating,” Koschoff said. “I’m seeing men dying before getting their benefits.”
Lucas, who received his black lung approval December 11, 2009, said he wanted to know what progress has been made on the matter, and if there’s been any improvement in the process.
David’s brother, Ricky Lucas, has been waiting for a claims determination for nearly three years.
He said he spoke to Hanley about four weeks ago, seeking a progress report on the status of his claim. There was nothing new to report, Hanley said Monday.
Ricky Lucas had 40-plus years working in the mine, putting in his last eight years at West Point Mining, Mount Carmel. He had previously worked in at least seven area mines throughout Schuylkill County, including Frailey Coal Co., Frank Neumeister, Sherman’s Mountain, Summit Anthracite, RS&W Coal Co., Black Jack and Skidmore Coal Co.
“The coal miners are responsible for making this country strong. Coal fueled the ships, the steel mills and kept us warm. Everybody used to depend on coal. Now, they’re just waiting for us to die,” Ricky Lucas, 63, of Joliett, said.
In 2013, Ricky Lucas took three breathing tests, at three medical facilities — Lehigh/Allentown; Reading; and Geisinger, Danville. His claims hearing was in Reading before an administrative law judge.
“I don’t carry things anymore because I lose my breath,” he said.
In order to prove their years of service working, miners must submit copies of their W-2s. He said someone examining his claim asked why he had more than one W-2 form submitted.
“I told them I worked double shifts,” Ricky Lucas said.
Barry Herb has also worked for four decades in multiple county mines. He stopped working two years ago due to his failing health.
“I can’t breathe and my heart goes a hundred miles per hour,” Herb said. “Three years ago, I went to Lehighton and they told me I had third-stage black lung.”
Herb uses two inhalers, but said he’s holding off on using oxygen as long as he can.
He has a claims hearing on Aug. 23 in Reading.
“I have no idea what’s going to happen at that hearing. I thought we already proved that I have black lung,” he said.
It’s his first opportunity to state his case, after an initial claims hearing was canceled abruptly in 2015.
“Last year, they canceled it,” Herb, 63, of Hegins, said, “and I never knew why.”
Herb expressed frustration that there were no closer hearing sites available.
“We shouldn’t be going to Reading,” he said.
Meanwhile, Jack Harner, 75, is hoping to get another hearing opportunity.
“I was turned down 10 years ago,” he said.
The Valley View man has worked in the mining industry — all underground — for the past 30 plus years, he said. He’s expecting a new date for a claims hearing in the near future.
On Friday, Harner met up with David Lucas, who was going to drive along with him to Lehighton for his latest round of medical testing.
“Why must we fight for these benefits with the number of years we’ve been in the mines?” Harner asked. “If a man can prove he’s worked at least 25 years, then those black lung benefits should be automatic. They want you to wait until you have one foot in the grave.”
David Lucas said it appears the federal government is looking for any way to deny a miner his black lung benefits. At every turn, it seems a miner’s integrity is being questioned, he said.
He pushes miners to continue their battle and to document their paper trail.
“I tell the miners that this is the last thing you can do for yourself,” he said.
According to the IRS website, www.irs.gov, “The Black Lung Benefits Act of 1977 was enacted by Congress to compensate individuals afflicted with the disease known as pneumoconiosis or ‘black lung disease.’ Black lung disease is caused by inhaling coal dust for prolonged periods of time, usually at least 10 years.”
The Internal Revenue Code “imposes an excise tax on domestically produced coal.” A coal excise tax on deep mined coal is the lower of $1.10 per ton or 4.4 percent of the sales price; while the tax on surface mined coal is the lower of 55 cents a ton or 4.4 percent of the sales price, according to the IRS website.
“The taxes collected on the sales of coal are deposited to the Black Lung Disability Trust fund to finance payments of black lung benefits to afflicted miners,” according to the website.