Court decides in favor of Ky. miner’s family

The family of coal miner killed in a rock fall is entitled to increased death benefits because the company he worked for violated several mine safety laws, the Supreme Court has ruled.

Ronnie Charles was crushed in 1999 when rocks fell and killed him in a South Akers Mining Co. mine.

An unanimous Supreme Court ruling upheld previous decisions in which the Court of Appeals, the state Workers’ Compensation Board and an administrative law judge agreed that AIG/AIU Insur-ance Co. of Pittsburgh should pay an his widow and child an additional 15 percent in workers’ compensation benefits.

The Kentucky Mine Safety Review Commission said after Charles’ death that by ordering the miner to illegally work in an unsafe area, supervisors placed a higher priority on recovering coal than on safety.

After the accident, the commission revoked the credentials of two of the company’s mine managers.

In the Supreme Court case, the question was whether an insurance carrier is responsible for paying increased death benefits under Kentucky’s workers’ compensation law if an insurance policy says otherwise.

AIG/AIU Insurance argued that terms of the policy with South Akers Mining excluded such coverage. The policy spelled out that South Akers Mining would be responsible for payment in excess of benefits paid out by workers’ compensation law if the company breaks safety laws or regulations.

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Topics Workers' Compensation