Josh Armes, 74, a former Virginia miner, has been in appeals limbo since a coal operator challenged his federal black-lung payments in 2014. August research found black lung in 32.5% of veteran Central Appalachian underground miners, the highest rate since 1978.
Armes worked in Virginia and West Virginia coal mines for 38 years and has relied on oxygen support for about four years. He said paperwork identified first- and second-stage black lung. A May Government Accountability Office report found operators challenged 40% of approved claims from 2013 to 2024; typical appeals lasted at least three years. It also found 390 people who initially won benefits later lost on appeal and had to repay them. Armes’ daughter said the case has required repeated testing, travel and legal help.
Democratic Sens. Mark Warner, John Hickenlooper, Tim Kaine and John Fetterman requested the GAO report and introduced legislation intended to improve black lung benefits. A silica-dust rule passed by Congress in April 2024 would require engineering and ventilation controls in mines, but funding for it was blocked that June. E&E Greenwire reported that MSHA would delay the rule indefinitely pending judicial review. MSHA said it continues enforcing the 100-microgram-per-cubic-meter exposure limit while litigation and limited rulemaking are unresolved.
