Black Lung Benefits - Statute of Limitations

In Consolidated Coal Co. v. Williams, the Fourth Circuit held that a medical opinion that was later deemed to be a misdiagnosis of pneumoconiosis by virtue of a denial of benefits cannot trigger the statute of limitations for a second claim for benefits. In other words, if a doctor diagnoses a miner with black lung and then the Benefits Review Board of the Dept. of Labor denies that miner's claim for black lung benefits, the statute of limitations for a second claim has not begun based on that doctor's determination since the initial diagnosis is characterized as a misdiagnosis.

Section 932 of Title 30 provides that any claim for black lung benefits "shall be filed within three years after whichever of the following occurs later - (1) a medical determination of total disability due to pneumoconiosis; or (2) March 1, 1978." The miner in this case received a positive medical diagnosis in 1995 and subsequently filed his first claim for benefits. The Board denied his request for benefits and then he filed a second claim in 2001 - six years after his initial diagnosis. According to case law, the Board's first denial of benefits must be accepted as final and correct. The first diagnosis in 1995 must be treated by the courts as a misdiagnosis in light of the denial of the miner's first claim. Therefore, the misdiagnosis had no effect on the statute of limitations in his second claim. His second claim was timely.

(Contributed by Kristina Cooper)