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HRD-82-26 1 (1982-01-19)

handle is hein.gao/gaobabcuv0001 and id is 1 raw text is: 






BY THE COMPTROLLER GENERAL



Report To The Congress


OF THE UNITED STATES





Legislation Authorized Benefits Without

Adequate Evidence Of Black Lung

Or Disability



The Federal Coal Mine Health and Safety Act,
as amended, authorized the Department of
Labor to approve black lung claims based on
conflicting or inconclusive medical evidence,
affidavits from  spouses and others, or pre-
sumptions based on years of coal mine em-
ployment. GAO believes that medical evidence
should be the basis for determining disability
and death from black lung and that benefits
should be awarded only to miners who are
totally disabled by black lung or to their sur-
vivors. This report (1) suggests that the Con-
gress consider amending the black lung legis-
lation and (2) recommends that Labor pro-
vide more guidance on the evidence needed to
rebut certain legislative presumptions and
establish additional procedures for resolving
conflicting medical evidence.

Legislation passed by the Congress in Decem-
ber 1981 should resolve a number of GAO's
concerns and result in better evidence to sup-
port approval of future black lung benefit
claims.



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                                                                     HR D-82-26
    CCOU~%                                                    JANUARY 19, 1982


                                d2/c               77 -

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