MARKETS

Miner sues for black lung diagnosis

A FORMER West Virginia miner who has complicated pneumoconiosis has filed a lawsuit against forme...

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.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

Mining Magazine Intelligence: Automation and Digitalisation Report 2024

Exclusive research for Mining Magazine Intelligence Automation and Digitalisation Report 2024 shows mining companies are embracing cutting-edge tech

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets