6th Circuit Says ‘Obamacare’ Eases Burden of Proof for Black Lung Claims

CINCINNATI — The 6th Circuit Court of Appeals said recently that the Patient Protection and Affordable Care Act passed in 2010 — better known as “Obamacare” — eases the burden of proof on survivors as well as coal miners claiming black-lung benefits.

The appellate court said Jan. 31 that claimant Christie Groves is entitled to a rebuttable presumption that her husband died on pneumoconiosis, or black-lung disease, based on language in the 2010 legislation that extended the presumption to claims filed after Jan. 1, 2005, including survivors' claims.

Groves sought survivor benefits on Aug. 1, 2006, after her husband, Earl …