II
103D CONGRESS
2D SESSION
H. R. 2108
IN THE SENATE OF THE UNITED STATES
MAY 23 (legislative day, MAY 6), 1994
Received and read the first time
AN ACT
To make improvements in the Black Lung Benefits Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE
(a) SHORT TITLE.—This Act may be cited as the
‘‘Black Lung Benefits Restoration Act of 1994’’.
(b) REFERENCE.—Whenever in this Act (other than
section 9(a)(1)) an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of the Black Lung Benefits
Act.
SEC. 2. BENEFIT OVERPAYMENT.
Part C is amended by adding at the end the following:
‘‘SEC. 436 (a) The repayment of benefits paid on a
claim filed under this part before the final adjudication
of the claim shall not be required if the claim was finally
denied, unless fraud or deception was used to procure the
payment of such benefits.
‘‘(b) The trust fund shall refund any payments made
to it as a reimbursement of benefits paid on a claim filed
under this part before the final adjudication of the claim,
unless fraud or deception was used to procure the payment
of such benefits.
‘‘(c) The trust fund shall reimburse an operator for
any benefits paid on a claim filed under this part before
the final adjudication of the claim if the claim was finally
denied.
‘‘(d) If on a claim for benefits filed under this part—
‘‘(1) the Secretary makes an initial determina-
tion—
‘‘(A) of eligibility, or
‘‘(B) that particular medical benefits are
payable, or
‘‘(2) an award of benefits is made,
the operator found to be the responsible operator under
section 422(h) shall, within 30 days of the date of such
determination or award, commence the payment of month-
ly benefits accruing thereafter and of medical benefits that
have been found payable. If an operator fails to timely
make any payment required by an initial determination
or by an award, such determination or award shall be con-
sidered final as of the date of its issuance.’’.
SEC. 3. EVIDENCE.
Section 422 (30 U.S.C. 932) is amended by adding
at the end the following:
‘‘(m)(1)(A) During the course of all proceedings on
a claim for benefits under this part, the results of not
more than 3 medical examinations offered by the claimant
may be received as evidence to support eligibility for bene-
fits.
‘‘(B) During the course of all proceedings on a claim
for benefits under this part, the responsible operator and
the trust fund—
‘‘(i) may each require, at no expense to the
claimant, not more than one medical examination of
the miner, and
‘‘(ii) may not each offer as evidence the results
of more than one medical examination of the miner.
‘‘(C) An administrative law judge may require the
miner to submit to a medical examination by a physician
assigned by the District Director if the administrative law
judge determines that, at any time, there is good cause
for requiring such examination. For purposes of this sub-
paragraph, good cause shall exist only when the adminis-
trative law judge is unable to determine from existing evi-
dence whether the claimant is entitled to benefits.
‘‘(D) The complete pulmonary evaluation provided
each miner under section 413(b) and any consultive eval-
uation developed by the District Director shall be received
into evidence notwithstanding subparagraph (A) or (B).
‘‘(E) Any record of—
‘‘(i) hospitalization for a pulmonary or related
disease,
‘‘(ii) medical treatment for a pulmonary or re-
lated disease, and
‘‘(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subpara-
graph (A) or (B).
‘‘(2) In addition to the medical examinations author-
ized by paragraph (1), each party may submit one inter-
pretive medical opinion (whether presented as documen-
tary evidence or in oral testimony) reviewing each clinical
study or physical examination (including a consultive read-
ing of a chest roentgenogram, an evaluation of a blood
gas study, and an evaluation of a pulmonary function
study) derived from any medical examination or contained
in a record referred to in paragraph (1)(E).