185 Dent, Hon. John H., a Representative in Congress from the State of Fletcher, Hon. Arthur, Assistant Secretary for Wage and Labor Hechler, Hon. Ken, a Representative in Congress from the State of West Virginia; accompanied by a group of witnesses, all from the Kalmykow, Andrew, counsel, American Insurance Association_. Kee, Hon. James, a Representative in Congress from the State of West Virginia, accompanied by Dr. Andrew H. Henderson, Wil- Kendrick, Robert, Milburn, Ky.... Maisonpierre, Andre, vice president, American Natural Insurance Alliance, Washington, D.C., accompanied by Lee B. Holmes, Moore, Dr. Raymond T., Associate Commissioner, Environmental Saylor, Hon. John P., A Representative in Congress from the State Shultz, Hon. George P., Secretary of Labor, accompanied by Arthur Fletcher, Assistant Secretary for Wage and Labor Standards, De- Thornsberry, Clarence, Bypro, Ky----- 34 Prepared statements, letters and supplemental material: Berkowitz, Dr. Monroe, chairman, Department of Economics, Rutgers— 221 238 Delfino, Joseph J., M.D., Providence, R.I., letter to Chairman Perkins, Hansen, Chris A., Assistant Surgeon General, Commissioner, Depart- Henderson, Dr. Andrew H., Williamson, W. Va.: Table I.-Morbidity-Lung Diseases. Table II.-Total Discharges. Kalmykow, Andrew, counsel, American Insurance Association: Letter to Chairman Daniels, dated July 1, 1969. 242 250 117 118 90 91 210 Statement to the Select Subcommittee on Labor, June 27, 1969_ 236 Keaney, John, representing the International Association of Industrial Mollohan, Hon. Robert H., a Representative in Congress from the Moore, Dr. Raymond T., Associate Commissioner, Environmental Control Administration, Department of Health, Education, and Table A.-Workmen's Compensation Claims for Occupational Table B.-Coverage of Occupational Diseases's With Mention of 233 Reagan, James J., secretary-treasurer, National Council of State Self 240 Shultz, Hon. George P., Secretary of Labor, letters to Chairman Daniels, 240 Wells, Dr. H. A., clinical assistant professor of pathology, West Examples of dusty trades diseases in medical literature circa 1961. 230 226 Yatron, Hon. Gus, a Representative in Congress from the State of 237 BENEFITS TO EMPLOYEES IN THE MINING INDUSTRY TUESDAY, JUNE 3, 1969 HOUSE OF REPRESENTATIVES, SELECT SUBCOMMITTEE ON LABOR OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 9:30 a.m., pursuant to notice, in room 2175, Rayburn House Office Building, Hon. Dominick V. Daniels (chairman of the subcommittee) presiding. Present: Representatives Perkins, Daniels, Quie, Collins, O'Hara, Burton, and Ayres. Staff members present: Daniel Krivit, subcommittee counsel; Loretta Bowen, clerk; Sue Gencher, research assistant; Michael J. Bernstein, minority counsel; Marty LaVor, minority research assistant. (Text of H.R. 11476 follows:) [H.R. 11476, 91st Cong., first sess.] A BILL To encourage the States to improve their workmen's compensation laws to assure adequate coverage and benefits to employes injured in the mining industry, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mining Industry Workmen's Compensation Improvement Act of 1969”. DECLARATION OF PURPOSE SEC. 2. (a) The Congress finds that many workers in the mining industry are not covered by workmen's compensation law, that benefit levels are inadequate, and that disabilities and deaths due to injuries or diseases arising out of work situations cause hardship for workers and their families, reduce the effectiveness of manpower resources in the United States, and impose a substantial burden upon interstate commerce in terms of lost income, lost production, and diminished consumer expenditures; and that the States should be encouraged to improve the benefits and coverage of existing law. (b) Congress declares it to be the purpose and policy of this Act, through the exercise of its powers to regulate commerce and to provide for the general welfare to encourage the States to assure adequate workmen's compensation coverage and benefits to workers in the mining industry. TITLE I-GRANTS FOR ADMINISTRATION SEC. 101. (a) Upon application by a State, the Secretary is authorized to make grants to a State for up to 75 per centum of the additional costs to the State due to improved administration of its workmen's compensation law relating to the mining industry during the fiscal year immediately preceding the enactment of this Act and in any subsequent year. The term "improved administration" shall include but is not limited to expanded coverage and increased benefit levels of the State workmen's compensation law. (b) As soon as practicable after the enactment of this Act, the Secretary shall cause to be published in the Federal Register criteria for determining what constitutes improved administration of a State workmen's compensation law. (1) PAYMENT OF GRANT SEC. 102. (a) The Secretary shall from time to time, in advance or by way of reimbursement, pay to the Governor of a State filing an application under this title amounts for additional necessary costs and expenses incurred or to be incurred by the State during the fiscal year for which such payment is made because of improved administration of its workmen's compensation law. No grants shall be made for such additional costs and expenses incurred more than five years after the effective date of this title. (b) The Secretary shall make no payment to any State unless he finds that the State law, as administered, provides for (1) the making of such reports in such form and containing such information as the Secretary may require, and compliance with such provisions, including authority to make audits and investigations, as the Secretary may find necessary to assure the correctness and verification of such report; (2) the expenditure of all moneys received pursuant to this title solely for the purposes and in the amounts found necessary by the Secretary to reimburse the State for the necessary additional costs and expenses incurred; and (3) the replacement, within a reasonable time, of any moneys received pursuant to this title which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary to reimburse the State for its additional necessary administrative costs. (c) Whenever the Secretary, after reasonable notice and opportunity for a hearing to the State, finds that there is a failure to comply substantially with any provision of this title, he shall notify the Governor of such State that further payment will be denied to the State until he is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied he shall make no further payments to such State. TITLE II-EXTENSION OF LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT TO EMPLOYEES IN THE MINING INDUSTRY NOT COVERED BY STATE WORKMEN'S COMPENSATION LAWS COVERAGE SEC. 201. (a) Two years after the 31st day of December following the date of this enactment, the Longshoremen's and Harbor Workers' Compensation Act, as amended (44 Stat. 1424), except section 41 thereof, shall apply to any employee of an employer engaged in the mining industry if such employee is not covered by a State workmen's compensation law. (b) If any employee of an employer engaged in the mining industry suffers death or disability as a result of pneumoconiosis and the State workmen's compensation law does not contain provisions substantially the same as those contained in section 402 of this Act, such employee shall not be deemed to be covered by a State workmen's compensation law. An employee may waive the applicability of this subsection. TITLE III-MINIMUM COMPENSATION BENEFITS FOR EMPLOYEES COVERED BY STATE LAWS SECURITY FOR COMPENSATION SEC. 301. (a) Two years after the 31st day of December following the date of this enactment, every employer in the mining industry shall secure the payment of compensation for their employees covered by a State workmen's compensation law for durations, dollar limitations, and at benefit levels, not less than those prescribed by sections 6 through 9 and 14 (m) of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424), as such sections may from time to time be amended, by (A) qualifying as a self-insurer in accordance with regulations prescribed by the Secretary, or (B) insuring and keeping insured the payment of such compensation with any stock company or mutual company or association, or with any other person or fund, including any State fund, while such company, association, person, or fund is authorized under the laws of any State, to insure workmen's compensation. (b) Every policy or contract of insurance shall contain (1) a provision to pay compensation and benefits required under this title as provided by the terms of the policy or contract, notwithstanding the provisions of the State workmen's compensation law which may provide for lesser payments; and (2) a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract. (c) No policy or contract of insurance issued by a carrier under this title shall be canceled prior to the date specified in such policy or contract for its expiration until at least thirty days have elapsed after notice of cancellation has been sent by registered or certified mail to the Secretary and to the employer at his last known place of business. CLAIMS PROCEDURES SEC. 303. (a) Where the compensation payable under the applicable State workmen's compensation law is less than that prescribed by sections 6 through 9 and 14 (m) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, an injured employee covered under this title, or his dependents in the event of death due to injury, may, when proceeding for an award of compensation under the State workmen's compensation law, concurrently make a claim with the State agency administering its workmen's compensation law with which an agreement has been made in accordance with section 304 of this title, for an order to bring total compensation to the level of benefits required by sections 6 through 9 and 14 (m) of the Longshoremen's and Harbor Workers' Compensation Act. (b) If there is no agreement between the State agency and the Secretary any claim for compensation in excess of the State level may, after final adjudication of the State compensation, be filed with the Secretary for an order to bring total compensation to the levels required by sections 6 through 9 and 14(m) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, in such manner and within such time period as shall be prescribed by the Secretary of Labor. (c) Adjudication of that part of the claim for compensation in excess of the State level of benefits shall be limited solely to the amount of the award consistent with sections 6 through 9 and 14 (m) of the Longshoremen's and Harbor Workers' Compensation Act. The State determination shall be final and binding except as to the level of benefits as herein provided. (d) An appeal from an order relating to the difference in the compensation payable pursuant to the State workmen's compensation law and that provided by this title shall be processed in accordance with section 21 of the Longshoremen's and Harbor Workers' Compensation Act, except that the compensation order shall be filed by the Secretary or his designee. (e) Where an employer has failed to obtain a policy or contract of insurance or to qualify as a self-insurer as required under section 301 of this title, compensation and expenses for any necessary medical, surgical and other treatment required in cases where the Secretary or his designee has found that the person claiming compensation is entitled to an award under this title shall be paid by the Secretary from the employees' benefit fund established in section 305 of this title if the employer does not make payment within the period specified in the award. (f) The employer of the injured employee shall be liable for payment into the employees' benefit fund of the amounts paid therefrom by the Secretary under subsection (e); and for the purpose of enforcing this liability the Secretary for the benefit of the fund shall be subrogated to all rights of the person receiving such payments or benefits and may, by a proceeding in his name in any court of competent jurisdiction, seek to recover the amount of payments made or so much thereof as in his judgment can be recovered, or he may settle and compromise any such claim. AGREEMENTS WITH STATES SEC. 304. With the consent and cooperation of State agencies charged with administration of State workmen's compensation laws, the Secretary may, for the purpose of carrying out the functions and duties under section 303 of this |