Illinois coal miner's lung conditions warrant benefits under WCA
The Illinois Workers' Compensation Commission affirmed the aribtrator's decision awarding permanent disability benefits under Section 8(d)2 to a coal miner who worked underground for 20 years.
Name: Biggs v. Monterey Coal Co., 17 ILWCLB 217 (Ill.W.C.Comm.2009)
Biggs worked for the defendant for more than 20 years underground as a repairman. He was regularly exposed to coal and rock dust during his mining career. On December 4, 2002, his last day of mining, he left his job due to a nonwork-related shoulder injury. He testified that his breathing problems began in the 1980's. He would become short of breath and spit up black material while coughing. In addtion to his expsoure to rock and coal dust, Biggs testifed that he was exposed to welding gases, solvents and smoke from fires. He also had a history of smoking one pack of cigarettes per day since he was 18 years old. He quit smoking the 1980s.
In February 2002, Biggs had a chest x-ray administered by the National Institute for Occupational Safety and Health which was interpreted by a B-reader as showing "definite evidence of category 1 pneumoconiosis." In awarding benefits, the arbitrator explained that Biggs established he has coal workers' pneumoconiosis and early chronic obstructive pulmonary disease due, in whole or in part, to mining and coal dust exposure. The arbitrator found persuasive the opinions of Biggs' black lung expert and B-reader. His opinions were supprted by the postitive NIOSH x-ray. As a result of his disease, Biggs sustained loss of 20 percent of a person as a whole under Section 8(d)2 of the WCA. Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.
