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22 Appalachian J.L. 1 (2023)

handle is hein.journals/appalwj22 and id is 1 raw text is: Donna Kaitlyn Smith, ANALYSIS OF STATE-BY-STATE BLACK LUNG STATUTES OF LIMITATIONS AND RECOMMENDATIONS FROM A COAL MINER'S DAUGHTER, 22 APPALACHIAN JOURNAL OF LAw (2023). STUDENT NOTES ANALYSIS OF STATE-BY-STATE BLACK LUNG STATUTES OF LIMITATIONS AND RECOMMENDATIONS FROM A COAL MINER'S DAUGHTER Donna Kaitlyn Smitha Keywords: Coal, Mining, Black Lung, STATUTES OF LIMITATIONS, Coal Miner Appalachian Journal of Law Vol. 22, Issue 1, 2023 As early as the 1840s, coal mining has been an industry that has provided energy for the country at a heavy price. This important commodity has come at the cost of coal miners health, and in many cases, their lives. I. History of Miners' Safety and Health Concerns America's history of coal mine safety is gruesome to say the least. As early as the 1840s, coal mining has been an industry that has provided energy for the country at a heavy price.1 This important commodity has come at the cost of coal miners' health, and in many cases, their lives.2 On April 5, 2010, an explosion at the Upper Big Branch Mine, a mine in the heart of West Virginia's coal country, killed 29 miners.3 The explosion occurred after a buildup of methane gases due to poor ventilation within the mine.4 Massey Energy, the operating company, accumulated more than 1,100 safety violations in the past three years leading up to the incident.5 Such disasters have been relatively frequent in the United States and continue even today.' According to Mine Safety and Health Administration data, 37 miners have died in work-related accidents this year; an uptick from the past four years, where an average of 28 miners had died.7 Even more lethal, however, are the lingering health detriments that follow miners from their work place. a I am a coal miner's daughter and a first-generation college and law student currently enrolled at the Appalachian School of Law. After graduation, I plan on returning to the southern coalfields to practice law and help those in my community. 1 Evolution of the Coal Industry in America, Arcadia Publ'g, https:/wwa cadiapubsh comNavizat on(ommun t /Arcad a-and-THP- Blog/October-2017'Fvolution-of-the-oab-ndustryin-America (last visited Jan. 10, 2022). 2 Mining Disasters: 1839 to Present, Ctrs. for Disease Control and Prevention, https/-xwncdcgov/NJGSH-Minin, MMWC/ MineDisasters.Tbl (last visitedJan. 10, 2022). 3 The story behind the Upper BigBranch mine disaster, The World, (Apr. 13, 2010, 12:46PM), haps://diorld orgstories2010-04-13/sto K 4 ehind-rner-bpgbranch-mine-cster. 4 Id. s Id. 6 Fatalities chargeable to the Mining Industry, U.S. Dep't of Lab., https://arlwebmsh zov/stas/chart/corbinedph (last updated Jan. 14, 2022). 7 Id.

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