CHARLESTON, W.Va. — Coal companies owned by Gov. Jim Justice and his family are asking that a federal lawsuit filed by retired miners and their union be dismissed.
Lawyers for the Justice mine companies filed a motion to dismiss last week in U.S. District Court for the Southern District of West Virginia.
Four retired coal miners and the United Mine Workers union filed the lawsuit in August, charging that claiming coal companies owned by the Justice family failed to consistently pay health and pharmaceutical costs promised under a nationwide agreement.
Named in the lawsuit were Justice Energy Co., Keystone Service Industries, Bluestone Coal and Southern Coal Corp.
Lawyers for the companies filed a response on Nov. 5, contending the plaintiffs didn’t exhaust remedies that were available through arbitration.
“Rather,” wrote lawyers for the Justice companies, “Plaintiffs attempt an end-run around these well-known mandatory requirements.”
The Justice companies also contend the lawsuit doesn’t provide enough specifics about what health care expenses were not paid for the four miners.
“The Complaint provides almost no detail as to which expenses were allegedly not paid and merely identifies them in summary categories,” the lawyers wrote.
Asked for response to the motion to dismiss, United Mine Workers spokesman Phil Smith said only, “We will be responding to their filings in court.”
The UMW claims the Justice companies violated the Employee Retirement Income Security Act of 1974, affecting dozens of retired miners.
The Justice companies were a part of the National Bituminous Coal Wage Agreement of 2016, which included medical and prescription benefits for retirees, their spouses and dependents. The companies’ agreements were effective through Dec. 31, 2021.
The UMW says the companies have failed to pay undisputed claims since at least late 2017, the year Justice became governor, until now.
Furthermore, the lawsuit claims the companies unilaterally canceled retiree medical and prescription drug coverage this past July 1, with partial coverage restored July 2.
One attempt to resolve the situation occurred this past June 27, the UMW states, when the union mailed two identical, certified letters to the vice president for human resources for two of the Justice companies.
“Defendants did not respond to those letters and did not resolve the unpaid bills,” the UMW’s lawsuit states.
The Justice companies counter that such letters would not meet fundamental requirements for a grievance under the national bituminous wage agreement or a claim under the companies’ health care plans.
“In other words,” the Justice lawyers wrote, “regardless of whether Defendants responded to the UMWA letter, the Plaintiffs skipped all the steps necessary to avoid an exhaustion defense. This is fatal to Plaintiffs’ claim.”
The UMW and the retired miners are asking first for an injunction to have the Justice companies resume paying for healthcare and pharmaceutical costs while the broader issues are resolved.
The lawsuit also asks for compensatory damages plus reimbursement for the medical and prescription drug bills already due.
The four retired miners who are specifically named in the UMW’s federal lawsuit say their healthcare needs have been delayed.
James Graham II, a retired miner from Monroe County who was covered under Justice Energy, underwent back surgery in June 2018.
“Defendants did not pay for that surgery. Further, because the bill for the surgery was unpaid, Mr. Graham was forced to delay necessary, post-surgery follow-up treatment.”
Dennis Adkins, a retired miner now living in North Carolina, was insured under Keystone Service Industries. He has had to pay out of pocket for medical treatment for chronic conditions.
Roger Wriston, a retired miner in Fayette County, was covered under Bluestone Coal but has been receiving “distressing and embarrassing calls for bills that should have been covered by his retiree benefits plan.”
His wife needs medical treatment for her back, “but has not received necessary injections because they have no confidence that the bills will be paid by the insurance company.”
David Polk, a retired miner in Wyoming County, was insured under Double-Bonus Coal. He needs medicine for an abnormal heartbeat and high cholesterol.
“Also, he has been forced to cancel doctor’s appointments because he does not have coverage for the appointment. Moreover, he cannot afford his prescription drugs.”
The UMW says those miners are examples of what other retirees are facing.