has reported to his doctor and his superiors about this accident. This man is here if you went to question him. Here he comes now, you can talk to him.

Senator WILLIAMS. Your statements have been very helpful. We appreciate it.

STATEMENTS OF MICHAEL BRITVICH; NICK De VINCE; HENRY KNIGHT, JR.; AND ELMER MURRAY, COMPRISING A PANEL

Senator WILLIAMS. Do we want to talk about this injury first?

Mr. KNIGHT. We have Elmer Murray here who was injured December 5, 1967, and he started to lose time as a result of this injury in March 1968. He was injured in the mine. We have witnesses that were there and saw the injury.

Senator WILLIAMS. What was the accident?

Mr. KNIGHT. The accident was at the Gateway Mine, Gateway Coal Co.

Senator WILLIAMS. What happened?

Mr. KNIGHT. In the act of getting off of the motor to throw the switch he turned his ankle over and he could not walk very good. He went to the nurse and the nurse even took him home on that particular day.

They have a system up there that you can report for work, they want you to come. If you are not able to go in the mine, they will let you sit outside in order to draw compensation. In his case he managed to get in the mine. He didn't miss any time as a result of this injury until in March. In the meantime they were taking care of him. The company doctor had seen this.

They tried to tell him there is nothing the matter with him. It was not getting any better. So, when March came around, he just couldn't make it any more, his foot swelled up. He had to go to different hospitals. He went to different doctors. I went to the hospital several times to see him, that is included as part of my job in the local. Sometimes, when I went up, they had both legs bandaged up.

Mr. MURRAY. They still have both of them bandaged up.

Mr. KNIGHT. As a final result, after all this doctoring, they found a bone in his ankle had been broken, and two small bones. They didn't find it, but the people that did find it eventually were the Veterans down in Pittsburgh which was a result of this turned-over ankle. Waynesburg Hospital didn't find it-of course we didn't expect Waynesburg to find it anyway, Brownsville we did. But down at Veterans Hospital they did find it.

We have had a hearing on this case and he has a hearing notice in his pocket scheduled for July 14, 1970. The accident was reported to the company. He made out an accident report, but they failed to pay this man one cent.

Senator WILLIAMS. Except for the period when he was getting his regular wages? December to March until you just could not go on any more and you have not gotten anything else?

Mr. MURRAY. No.

Senator WILLIAMS. How about the medical? Who has been taking care of the medical for this long period?

Mr. KNIGHT. The United Mine Workers covered the medical part of it for a year and then they picked up his hospitalization card, his 85 HS.

Mr. MURRAY. They took that off me.

Senator WILLIAMS. How long have you been a miner?

Mr. MURRAY. Since 1947.

Senator WILLIAMS. This was 20 years?

Mr. MURRAY. Yes.

Senator WILLIAMS. Twenty years a miner when this accident happened?

Mr. MURRAY. Yes.

Mr. KNIGHT. We asked the international union to restore his hospitalization because he had an injury case pending. They did for a few months and then they withdrew it. Now they have his card and the medical expense now at the Veterans' Hospital is being covered because he is eligible for that.

Senator WILLIAMS. Is this the first time this has been put down for a hearing in court?

Mr. MURRAY. No, I had one before.

Senator WILLIAMS. What happened at that hearing?

Mr. MURRAY. I didn't hear no more from it.

Senator WILLIAMS. Did you go to the hearing?

Mr. MURRAY. Yes, I went to the hearing.

Senator WILLIAMS. You didn't hear any more?
Mr. MURRAY. I didn't hear no more.

Senator WILLIAMS. When was that hearing?

Mr. MURRAY. January 16.

Senator WILLIAMS. Who is your lawyer?

Mr. MURRAY. Attorney Kovich.

Senator WILLIAMS. And you never heard anything after the January hearing?

Mr. MURRAY. Not until I got one report and he canceled it. I had another one before this. They went and canceled that hearing and I just got this one here lately.

Senator WILLIAMS. Now you have another lawyer?

Mr. MURRAY. Yes, another lawyer.

Senator WILLIAMS. Tanazzi?

Mr. KNIGHT. Yes, as a result of the first hearing. The decision has not been handed down yet but as a result of that hearing the company then wanted to look this man's foot over and made an appointment to meet him in June.

Mr. MURRAY. June 15 I went to Pittsburgh to see Dr. E. Owens. Mr. BRITVICH. Senator, I would like to say a few words. As far as these hearings are concerned it took me approximately four and a half years to process my complaint on these hearings. Just like he says, what they will do, they will set up a meeting and at the last minute they will cancel it out. They just prolong it and it irritates

you.

Mr. DE VINCE. I was injured, too. You know, it has been over 5 years ago and still mine is not settled. The credit bureau has my bill now, nobody will take care of it. It has been appealed 4 years ago. Senator WILLIAMS. Senator Schweiker's assistant, Mr. Siegel, is looking at this. This is certainly the sort of thing that I can only

compare these procedures to what happens in the State of New Jersey that I represent. And it does not happen that way when you get injured over there on the job, there is no question about the injury happening on the job. While you are off you get paid what they call temporary disability. Then when you are ready to go back to work or when it is permanent, then you have a hearing to see what you will get in the final settlement. But it does not work this way when you go for years without anything.

Mr. DE VINCE. This is right. This is what is happening around here and it is bad. It is bad for everybody. If a man gets injured, he does not get any income whatsoever.

Mr. SIEGEL. If he can't be carried somehow on the company's payroll-in other words, if the company could sort of bring you in to their doctor and sort of take care of you and you would not be losing time, is that what happens?

Mr. DE VINCE. NO.

Mr. KNIGHT. This doctor said there was nothing wrong with this man, he needed no further care from him.

Mr. GORDON. Is the problem that he didn't diagnose it as a disability? Mr. KNIGHT. He just thought it was a muscle or something. These GP's you know.

Mr. SIEGEL. You are going to have a hearing on the 14th?

Mr. KNIGHT. If they don't cancel. That is vacation time, too, if we need witnesses. I don't know who is scheduled at that time. Senator WILLIAMS. You have now petitioned Congress. Have you got your notes, Dick?

Mr. SIEGEL. Let me make a note here.

Mr. DE VINCE. Mine has been over 5 years ago and I have not got mine settled yet. My bill is still there in the credit bureau. I cannot get credit on account of nobody is paying the bill and I have hospitalization and workmen's compensation.

Senator WILLIAMS. I don't understand it.

Mr. DE VINCE. I don't, either. Four years ago.

Senator WILLIAMS. Workmen's compensation is supposed to take care of the situation when you are injured on the job and you don't have to prove that you were not at fault and you do not have to prove that they were at fault.

You were just injured while you were working, right?
Mr. DE VINCE. They questioned my injury.

Senator WILLIAMS. That you were not injured?

Mr. DE VINCE. This is what they questioned.

Senator WILLIAMS. You always have to prove you got injured. Now here is a man who should not have any problem with that.

Mr. BRITVICH. Senator, I wore a brace on my neck for approximately 6 months. I was outside, the longest accident time on record. Do you follow me?

Senator WILLIAMS. I know this business, yes.

Mr. BRITVICH. Then when I had my hearing I had to bring Nick as a witness working on the same section. The company said I didn't get hurt there. I had the proof. This took 1 year just to prove I got hurt at the mine.

Mr. KNIGHT. Now you wonder why today we have dissident miners and unhappy miners and unsatisfied miners.

Senator WILLIAMS. Yes.

Mr. KNIGHT. I am not dissident but I am sure unhappy.

Mr. SIEGEL. Have you discussed this with your State representatives or State senators because the problem is that Congress really cannot move into the area of workmen's comp right now. They did it just for coal miners for black lung and that was a big step forward. Mr. KNIGHT. This was a self-insured company.

Mr. SIEGEL. The trouble with compensation from Senator Schweiker's point of view is that it is a system at the State level. I think that the first place you should go with your grievances about it is to the people that are representing you in Harrisburg.

Mr. KNIGHT. I think sometimes we should file a complaint with the self-insured people.

Mr. SIEGEL. Yes.

Senator WILLIAMS. Of course it will help when Senator Schweiker gets in touch with the people in Harrisburg. Now that these men have come all the way here, we certainly want to recognize them.

Mr. SIEGEL. Yes. We just want to explain it is not a simple thing that we can just do automatically in Washington, it is something that we have to cooperate with the people that are really charged with the responsibility here in the State.

Senator WILLIAMS. Thank you very, very much. I will say, of course, that the workmen's compensation for injury accidents like this does fall under State law.

The one area that we had to bring into Federal law because it was not being met adequately in most of the States, although it was being met in part in Pennsylvania, was the lung disease. We had to bring that into Federal law, but this is, of course, as you know, State workmen's compensation. I think it is horrible that it goes for so many years that you are not taken care of.

Is that a cast or what?

Mr. MURRAY. No.

Senator WILLIAMS. It is just a wrap.

Mr. KNIGHT. It is horrible when you have your 85 picked up.
Senator WILLIAMS. Have you worked at all since?

Mr. MURRAY. No.

Mr. SIEGEL. What was the date of your injury?

Mr. MURRAY, December 5.

Mr. SIEGEL. What year?

Mr. MURRAY. 1967.

Senator WILLIAMS. Thank you very much.

Mr. DE VINCE. Gentlemen, the safety committee was supposed to be here and they asked me to sit in for them. First I want to give you this list of complaints.

Senator WILLIAMS. Without objection, the complaints will be printed into the hearing record at this point. (The material referred to follows:)

ISSUES OF SAFETY THAT ARE VIOLATIONS AND COULD CAUSE DEATH OR INJURY TO MINEWORKERS AT THE MAPLE CREEK MINE OF U.S. STEEL

1. The failure of the company to keep all places rockdusted to within 40′ of the face.

2. The failure of the company to keep all mining cables hung or protected from water and muck.

3. The failure of the company to keep the working places as free from water as possible.

4. We have over a hundred pumps in our mine and up until the latest work stoppgae, no assigned pumpers.

5. The failure of the company to pick up all loose coal spillage along the haulages.

6. The failure of the company to maintain shelter holes free from obstruction. 7. The failure of mine management to have pumps properly housed according to law.

8. Allowing the company's own rules to be violated.

MICHAEL BRITVICH
NICK DE VINCE

Mr. DE VINCE. I just want to touch on something here.

About approximately 2 months ago under this new law the Federal people come in and they cited the company for six violations and one was toilets in the mine and drinking water.

Senator WILLIAMS. The law now requires drinking water?

Mr. DE VINCE. Yes, it does. Also cable has to be hung.

Senator WILLIAMS. In other words, the cables can't be dragging through?

Mr. DE VINCE. That is right, through the mud.

Mr. BRITVICH. They are being dragged. That is why we need these inspections.

Senator WILLIAMS. You still need a trailing cable.

Mr. BRITVICH. This is the cable here, this is to hang it up. Here is mud and water. You have 7,200 volts going through here.

Senator WILLIAMS. But I thought you still had one on the ground, the trailing cable.

Mr. BRITVICH. That is on the buggy. That reels it up, it has to be on the ground.

Senator WILLIAMS. You are talking about the hanging cables, you are talking about another cable. It is the power cable.

Mr. BRITVICH. Yes, for the miner.

Mr. DE VINCE. Up to the distribution box.

Senator WILLIAMS. There is supposed to be none on the ground at all?

Mr. DE VINCE. Not according to this new law, that is right.
Senator WILLIAMS. What is the effective time on that?

Mr. DE VINCE. We had six violations. Now the new law is in effect. Now what I want to know, they are not making any progress to correct this. Is there some kind of injunction on here that stays on it like toilets? Now they are not making any provisions whatsoever to put toilets in the mine. This is really a good health problem because being on pipe work you go through returns and all and it is really rough.

Now this drinking water, they are making no provisions of getting drinking water. They are making no provision concerning the hanging cable. Now if this is law, why isn't it enforced?

Again on this spot inspections

Senator WILLIAMS. That is why we are here, to hear this.

Mr. DE VINCE. This is the reason I bring this up. I thought this is the reason you were here and this is the reason that I bring these points up because it was up on the board they violated.

The Federal inspectors went into the section and they brought these violations out. Now I bring these violations to you and there was nothing done about it. I was wondering why there is not anything done about it.