Bill O’Boyle: Casey, colleagues introduce bill to improve Black Lung Benefits Program

Jul. 18—This week, U.S. Senators Bob Casey (D-Scranton), Joe Manchin (D-WV), Sherrod Brown (D-OH), Tim Kaine (D-VA) and Mark Warner (D-VA) introduced the Black Lung Benefits Improvement Act.

The legislation helps miners who have suffered from "black lung" disease and their survivors access the workers compensation they are entitled to receive under the Black Lung Benefits Program.

The legislation helps miners and their survivors access legal representation, ensures benefits are not eroded due to inflation, reduces the time for processing claims and protects taxpayers from taking a hit when a self-insured coal company goes bankrupt and cannot pay black lung claims.

"For decades, our country has relied on coal miners to power our factories and heat our homes," Casey said. "Many coal workers risked their lives and their long-term health to do the job of powering years of prosperity, and Congress has an obligation to support them, just as they've supported us."

Casey said the legislation would ensure that every coal miner who suffers from black lung disease receives the benefits they are entitled to.

"Coal miners have pushed our country forward, and I'll keep fighting to make sure they aren't left behind," Casey said.

Decades ago, Congress established the Black Lung Benefits Act in conjunction with the Federal Coal Mine Health and Safety Act of 1969 to provide monthly compensation and medical coverage for coal miners who develop black lung disease and are totally disabled.

A GAO report found that miners often lack the necessary medical and legal resources to develop evidence to prove their claims.

The Black Lung Benefits Improvement Act makes needed updates to the Black Lung Benefits Act to ensure Congress is fulfilling its commitment to the Nation's coal miners.

Senators Casey, Manchin, Brown, Kaine and Warner also introduced the Black Lung Benefits Disability Trust Fund Act in 2021 to extend the current black lung excise tax for another ten year period.

Bill supporting disabled

veterans signed into law

Legislation sponsored by Sen. Pat Stefano (R-32) to clarify the Veterans Preference Law to include veterans who served honorably but were discharged with a disability before completing their initial obligation, this week was signed into law.

Senate Bill 849 — now Act 44 of 2022 — adds an exemption for the veterans the Department of Defense processes with a disability discharge and ensures they receive the preference when seeking careers within the Commonwealth.

Previously, Veterans Preference was only granted to service members who completed their first term of service with the designation of "other than a dishonorable discharge."

"It was wrong that a veteran who served honorably but was discharged with a disability before completing his or her initial obligation wasn't eligible for Veterans Preference — despite doing everything requested that they were physically capable of doing," Stefano said. "I am glad I was able to help disabled veterans receive the career preference they earned."

The law will be effective in 60 days.

Scam warning: Fraudsters impersonate

Department of Revenue to Pa. businesses

Scam artists are impersonating the Department of Revenue by sending Pennsylvania business owners fraudulent letters in the mail that direct them to turn over their accounting records.

The goal of this ploy is to trick unsuspecting taxpayers into providing sensitive financial information, which the criminals behind the scheme can use for a number of illicit activities that could seriously harm a business' financial standing.

"This is a prime example of fraudsters impersonating a government agency as they try to convince hardworking Pennsylvanians to turn over sensitive information about their businesses," said Revenue Secretary Dan Hassell. "We are urging Pennsylvania business owners to be on high alert if they receive a suspicious notice that includes the Department of Revenue name and logo. If you have any doubt at all about the legitimacy of a notice from the department, please use the contact information listed on our website, revenue.pa.gov."

Understanding the scam

The goal of this scam is to make the recipient of the letter believe they are being investigated by the Department of Revenue for an "alleged violation of delinquent sales tax liability."

The letter also threatens taxpayers by saying penalties will be imposed on their accounts. Further, the letter includes contact information for a "Resolution Officer" and urges the business owner to provide accounting records prepared by a licensed professional, such as an attorney or CPA.

Providing this information allows the scammers to comb through the accounting records for sensitive information such as bank account numbers and other financial data.

Rep. Keller leads House passage of

legislation to improve veterans' services

The U.S. House of Representatives this week passed H.R. 7337 — the Access for Veterans to Records Act — a bipartisan bill that includes U.S. Rep. Fred Keller's legislation to address the veterans' records backlog at the National Personnel Records Center (NPRC).

More than two years ago, Keller, R-Williamsport, and House Oversight Committee Republicans launched an investigation into the NPRC's backlog of more than 500,000 records requests that American veterans and their families rely on to prove eligibility for medical care, adjudicate disability claims, and request campaign service medals.

The Access for Veterans to Records Act incorporates improvements made by Keller, including a requirement for the NPRC to maintain in-person staffing levels.

"For over two years, our team has advocated for America's veterans who have faced delays receiving their military service records," Keller said. "The Access for Veterans to Records Act will ensure that the backlog of nearly 500,000 records requests will be resolved while also modernizing the National Personnel Records Center (NPRC) to prevent a backlog like this from ever building again. We were able to negotiate major provisions from our RECORDS Act into this bill, including requirements for the NPRC to maintain in-person operations, coordinate backlog reduction efforts with the VA, and meet established benchmarks showing clear reductions in its records backlog.

"Our Veterans served our nation honorably, defending our freedoms and way of life. The least we can do to repay these heroes is to ensure they are not subjected to prolonged wait times to access the benefits they earned through their service."

Rep. Meuser supports providing

care for toxic exposed veterans

Rep. Dan Meuser, R-Dallas, voted this week in support of The Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxins (PACT) Act of 2022 (S 3373).

This act recognizes the impact of burn pits and other toxic exposure for members of the military and provides healthcare to as many as 3.5 million veterans who may have been affected while serving.

The legislation was named for Sergeant First Class Heath Robinson, who died in 2020 after exposure to toxins during his service in Iraq.

The PACT Act acknowledges the scientific framework the Department of Veterans Affairs (VA) is using to provide benefits to toxic exposed veterans, better reflects current practices and improves transparency. The legislation:

—Builds on the comprehensive framework VA has been piloting for the past year that streamlines benefits for future generations of veterans and survivors by establishing presumptions of service connection

—Permits VA to immediately provide presumptive benefits to survivors and those veterans who are terminally ill, homeless, over the age of 85, experiencing extreme financial hardship, or able to show another emergent need

—Provides a phased-in approach to awarding benefits under a presumption of service connection related to toxic exposure

—Requires VA to conduct outreach to any veteran who had previously filed a claim for benefits related to toxic exposure and were denied ensuring they are aware of the opportunity to refile

—Incorporates improved and enhanced toxic exposure screening for veterans who use VA care and improves VA's toxic exposure questionnaire

—Improves VA's ability to recruit and retain VA health care, benefits, and administrative staff to ensure that VA has the capacity to expand care and benefits to toxic-exposed veterans without disrupting services or causing longer wait times for care and compensation

"This legislation addresses the issue of providing care to our toxic-exposed veterans, taking away hurdles that stood in the way of the treatment they deserve," Meuser said. "It's a much-improved version of a House bill approved earlier this year, establishes a measured VA system framework that will allow veterans to receive care for toxic exposure related illnesses, without overwhelming the current VA healthcare system."

He added, "Our nation's veterans sacrificed a great deal for our nation. We have made a commitment to honor their service and provide them the benefits and care they deserve. This bill does just that and I look forward to it becoming law."

Reach Bill O'Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.