an impartial examination requested by the Workman's Compensation Board, and the impartial doctor will examine him. In both these cases, and the reason we selected these cases, both the company doctor and Dr. Goldman, who examined both these gentlemen, found that the condition of these lungs had progressed to the point that they were both totally disabled for industrial purposes. Again, in Curry's case, he also was found to be totally disabled for social security disability. As you well know, under the Social Security Act, one particular disability does not render a man totally disabled for all purposes. They have a different standard, but in this case these lungs had progressed to the point that both the compensation agency in Pennsylvania, as well as the Federal agency, have found them totally disabled. Now, this is small compensation. That is, the payment of compensation is small compared to what these men could earn during their actual employment. At that time, back in 1964 and 1966, they were averaging approximately $158 a week. When this income is reduced to $47.50, under their act-it is now $60 in Pennsylvania-you can see that financially these men and their families are very seriously affected, particularly when there is no possibility of rehabilitation. My only purpose here, at the request of Senator Williams' office, I was to graphically present to you the effects, the serious effects of bituminous coal mining. Strangely enough, in Wales they have been studying this back in the 1800's, and we have not really concentrated on this. Everybody has written it off as one of the hazards that a man takes upon himself when he enters a mine, which really is not so. I think that the legislation which has been proposed and adequately described and set forth by President Boyle and the others of the United Mine Workers, will at least to some extent reduce the age at which these individuals become totally disabled, if we are able to adequately control this dust, so that with the mechanization we can at least expect these individuals to work a normal life, and have a normal life expectancy. Senator RANDOLPH. Mr. Chairman, I do not believe that Mr. Creany has mentioned the age of either individual who is here with him today. I think the record should have it. Mr. CREANY. Mr. Michelbacher is 59 next week. Mr. Curry is 63 now. At the time of their disability they were 56 and 59, respectively. Dr. GOLDMAN. I should like to add one more thought about dust. In Wales, where they ship a great deal of coal, the men in the holds of ships, who never were near a coal mine in their lives, have the same changes as these cases that I have presented, as soft coal miners. In other words, to me there is absolutely no question as to the cause and effect. Senator WILLIAMS (presiding). Is the dust generated in the holds of the ships as in the coal mines?" Dr. GOLDMAN. It is coal dust. Senator WILLIAMS. There is no doubt as to the causative agent. It is coal dust? Dr. GOLDMAN. That is right. Secondly, the men I am seeing now are younger and younger men. who are becoming disabled. Unfortunately, when a man is in his early 50's, it is extremely dif ficult for him to get social security for any reason. He gets a request to try for rehabilitation. Most of these men have not gone beyond the eighth grade. They can qualify for almost no form of rehabilitation. They have no special skill, and it is getting to be a greater and greater problem. Senator WILLIAMS. Mr. Creany, on the period of time within the Pennsylvania State law, what is the period of time a man must file for workman's compensation after he has left employment and discovered that he has this disease? Mr. CREANY. Senator, we have what we call the basic claim, which requires a man to become totally disabled within 4 years of his last exposure. That would pay him the maximum award of $12,750, payable at the present rate of $60 per week. If during this period of time he does not become totally disabled, or doctors do not feel that he has progressed to that point of total disability, we have amended our act by section 301(I), which has no statute of limitation, so that he can become totally disabled at any period after 4 years. However, he receives benefits only presently at the rate of $75 per month, so if he has been out of the mine 10 years, let us say, and he has been classified totally disabled because of pneumoconiosis, he qualifies for a benefit of $75 per month, but he still must be totally and permanently disabled. We have no partial disability in Pennsylvania. Somebody I believe asked a question about exposure. Under the act, they must have at least 5 years of exposure for the basic claim, and 2 years for the other, the $75. Senator WILLIAMS. There are only three States, my information is, that have this workman's compensation coverage for this disease. Mr. CREANY. That is right, for occupational disease. That is right, sir. Senator WILLIAMS. Senator Saxbe. Senator SAXBE. These gentlemen both worked in the days when coal mining was much less advanced than it is today, but I gather from your statement, from the doctor's statement, that as the machinery has increased, the dust has increased. Am I right in assuming this, that as the bigger machines are working on the face and the complete mining operation, that the dust has increased, and, therefore, the younger people are getting it? Mr. CREANY. That is right, sir. In that respect, we have, and Dr. Goldman has seen-I have sent him between 3,000-5,000 of these claimants, these miners, over the last few years. We have set up a system; that is, the United Mine Workers has set up a system in our area where we examine these men once a year. They are entitled to one complete examination per year. We afford this to them at no expense to them, and we are finding that because of the increased mechanization, we are finding a younger and younger man. When a man comes into our office at 45, and he tells me that he is unable to work any more, and I send him down to Dr. Goldman, it is pathetic to see anybody at such a young age, to feel that he cannot produce any longer. This has happened in many cases. Senator SAXBE. Now, dust has been controlled in the past as a safety measure, has it not? Mr. CREANY. It has. This is one of the points that I had prepared in a prepared statement, but with the discussion that has gone on, 1 felt that the committee had had it adequately covered, and particularly Senator Randolph is knowledgeable in that respect. Dust has primarily, that is, engineeringwise, has always been con-1 sidered, from what I have been able to read, as a potential for an explosion. Controls, if any, were always directed toward that phase of mining. It is more dramatic, and it will cause a committee such as this to make considerations, as you are now, and I am sure it will be a benefit to a lot of miners. But the same dust is producing a slow death to many, many individuals; although it may not be dramatic, it is just as deadly as it is when it is concentrated in a possible explosion area. Senator SAXBE. Now, these suggested levels of coal dust are they from experiments in this country, or do we have enough experience to set these milligrams, or do we have to get them from some place else? Mr. CREANY. We have had studies. I think President Boyle's recommendation of 3 milligrams per cubic meter is an acceptable tolerance. I have made a few studies in the Pittsburgh area, and ours run 2.5, anywhere from 2.5 to as high as 12, in certain areas. Some United States Steel mines and Bethlehem mines have those. Senator SAXBE. Is that the constant level throughout the mine? Senator SAXBE. Or is that a composite? Mr. CREANY. Not necessarily, Senator. The higher concentration, of course, will be in the area at the face, where the machine is in actual operation. But the difficulty that comes in from the experience that I have had, and discussions with these men, is that in certain areas the ventilation is not as good as in others. Sometimes there is a rockfall in there, so that the concentration is still in the main hallage ways, and you still have this dust in suspension. Senator SCHWEIKER. I just want to thank the gentlemen for coming and telling their story. I think it is very helpful. You have done an excellent job in a field which has been much neglected. I think the committee will profit from your testimony. Senator RANDOLPH. Mr. Chairman, I would like to ask one question of Mr. Creany. I am not sure that he has the knowledge in this area to discuss it. We can bring it to the subcommittee's attention at a later date. But I believe, Mr. Creany, that the industry and the union both have estimated that there is a shortage, there is a need today for approximately an additional 5,000-7,000 coal miners. How that is to be inet, or at what rate it is being met. I do not know, but do you have a feeling that perhaps the figure I have given, the need for this increase, that we are not reaching the people because of their fear of No the health and safety conditions in the mines, or are there other reasons as well? Mr. CREANY. That is my feeling, Senator. In fact, in our area, the coal company, in an effort to attract the boys leaving high school, actually goes into the school to try to encourage them to come into the mines. Because of the effect they have seen, perhaps in their father, and so on, they are leaving our area, and it is harder and harder for us to find a young man going in, or if he goes in, he will not stay there. very long. Senator WILLIAMS. Thank you very much. I wonder if we could hear from your two friends here, who are on disability. One of the questions I would like to ask: Now, you gentlemen, because of the illness and disability, are compensated both under the Pennsylvania workman's compensation law and under social security for the disability? STATEMENT OF CARL MICHELBACHER Mr. MICHELBACHER. Yes, sir. Senator WILLIAMS. Would you mind if I ask what the two total areas of compensation come to? Mr. MICHELBACHER. Social security is $337, and my pension is $115. Senator RANDOLPH. Is that from the pension system of the United Mine Workers? Mr. MICHELBACHER. Yes; and $95 every 2 weeks because of silicosis. Senator WILLIAMS. How many dependents do you have, Mr. Michelbacher? Mr. MICHELBACHER. A wife and five children. Senator WILLIAMS. I did not add that up as a total. Senator EAGLETON. That is $642 a month. Is that right? Mr. MICHELBACHER. That is right. Senator WILLIAMS. That, of course, is some degree less, quite a bit less than what your wages would be if you were employed in the mines? Mr. MICHELBACHER. To be honest, that is more, because there is no tax taken off. Senator WILLIAMS. That is a hard way to get an advantage. Mr. CREANY. So that his statement is not misleading, Senator, there was an amendment to the Social Security Act which became effective July 1, 1965, if any State had not an act, taking credit for compensation payments. Now these two, fortunately, became disabled in 1964, but if any of our men become totally disabled now, the $60 per week is deducted from the social security benefits until they have exhausted their workman's compensation payments. So that in effect they are not getting any social security disability, or very little. Do you follow! Senator WILLIAMS. I follow it. Mr. CREANY. He happened to have been declared totally disabled prior to the amendment of the act. Senator WILLIAMS. Here, in effect, a worker is penalized, who works in an enlightened State that has a compensation law. Mr. CREANY. That is correct. Senator WILLIAMS. They frequently say, "Congress, in its wisdom." I wonder if that was wise. I am glad to have your statement, and yours, too, Mr. Creany. Senator SAXBE. I would like to point out that this is a rather unusual case, where you have four children as dependents. This other gentleman, I would guess, gets substantially less, because he does not have children under 18. Senator WILLIAMS. We are coming to Mr. Curry next. Senator RANDOLPH. Mr. Chairman, so that the record at this point. will indicate the scope that is embraced in the legislation of Senator Javits to establish a commission to study workmen's compensation laws, which I have cosponsored, this intergovernmental relationship is a matter that we want to look into. That is inquiring into what is being done in the States, and where are we to go in the way of recommendation at the Federal level for the meeting of the very problem that you have discussed here with Mr. Creany and the other gentlemen. Senator WILLIAMS. Could we ask you, Mr. Curry, what your return is under the two programs of compensation, and disability under social security? STATEMENT OF ELMER CURRY Mr. CURRY. My compensation is $195 every two weeks, that is, workman's compensation. My social security is $145. Senator EAGLETON. How much is your pension? Mr. CURRY. $115. Senator EAGLETON. About $460 a month. Senator WILLIAMS. How many dependents do you have? Mr. CURRY. I have no dependents. I am in single status. My wife is dead. Senator WILLIAMS. What would the situation be here, of Mr. Curry's, if he had not come prior to the changes in social security? Mr. CREANY. The same thing. They would take credit. Again, sir, so that this is not misleading, the basic amount of $12,000 in each of these two cases pays out in approximately 7 years. Then they revert to the $75 per month for total disability. So he is going to lose $190 less the $75, or he will lose $115 per month. Senator WILLIAMS. When the statutory $12,000 is paid out? Mr. CURRY. Might I say a word at this point? Senator WILLIAMS. Certainly. Mr. CURRY. What I think, or what I try to think, is not important, of course Senator WILLIAMS. Very important to us. Mr. CURRY. Regardless of what a man gets, or gets otherwise, I do not think that social security should be sliced like they do in these cases, as he has explained, because it is something you have paid for. You paid for it out of your own money. It is not a hand-out. Senator WILLIAMS. Do you have any other observation or any personal observations beyond this, Mr. Michelbacher? Mr. MICHELBACHER. No, I am just one of the lucky ones. |