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Miner sues for black lung diagnosis

A FORMER West Virginia miner who has complicated pneumoconiosis has filed a lawsuit against former employer Massey Energy for his exposure to unsafe levels of respirable dust.

Donna Schmidt
Miner sues for black lung diagnosis

According to legal journal the West Virginia Record, Collis Bickford filed his complaint March 8 in Kanawha County Court. IN it, he named several defendants including Alpha Appalachia Services, Green Valley Coal, White Buck Coal, Alex Energy, Brooks Run Mining and Little Eagle Coal.

He also named former Massey executives Don Blankenship, J Christopher Adkins, Gary Frampton, David Hughart as well as John Doe Entities.

Bickford, who worked for the named mining complexes at various times from 2004, alleged he was exposed to “illegal and unsafe” levels of respirable dust that ultimately led to his illness.

With proper workplace protection, he argued in his documentation, workers should not suffer from complicated pneumoconiosis.

Bickford and his wife, Judy, are seeking compensatory and punitive damages plus pre and post-judgment interest on claims the defendants did not implement required monitoring, management and reporting systems at his work locations, and also violated public reporting requirements.

Bickford also said in his suit that the producer did not create and oversee a system for reporting safety compliance issues and to adopt whistleblower protections, nor did it fulfill a training-related review, recommendation and reporting requirements.

He said Massey, now owned by Alpha Natural Resources, failed to make a good faith effort to reform its corporate governance as intended by and required under the Massey Governance Agreement.

Bickford’s wife is arguing the diagnosed illnesses and diseases caused her to lose financial support, general services, companionship, love, advice and society of her spouse.

The Bickfords are being represented by Bucci, Bailey & Javins and Richardson, Patrick, Westbrook & Brickman.

The case has been assigned to circuit judge James Stucky.

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