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Miner challenges disease payout

By Zhang Yan (China Daily)
Updated: 2009-10-29 08:22

A miner suffering lung disease will appeal his 80,000 yuan ($12,000) compensation payout at the No 1 Intermediate Court on Monday.

Zhang Yunquan, the lawyer for miner Yang Weiqiang, told METRO he will strive for a satisfactory compensation payout for the 36-year-old, who has lost his ability to work due to a disease he contracted during his five years working for the mine.

Yang from Yilong county, Sichuan province worked at the coal mine of Beijing Wuhua Energy Limited Company in Mentougou district between 2002-07.

In November 2007, Yang went to the Third Hospital of Peking University for medical examination and was diagnosed with pneumoconiosis in its first phase, which means there were shadows on his lungs.

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On Oct 23 last year, Yang was paid 80,000 yuan in compensation for contracting the disease after his contract at the mine ended.

However, on Dec 9, 2008, Yang went to the hospital for re-examination, and found the disease had developed into its second phase, meaning he now suffered breathing difficulty. Yang decided to sue the mine and ask for 235,534 yuan in compensation.

Following a hearing on Sept 18, the court rejected Yang's appeal on the grounds of insufficient evidence. Zhang said Yang appealed the decision to the intermediate court on Sept 24.

"Based on relevant policies, Yang has right to go to hospital for re-examination one year after the labor contract ends," he said.

Zhang said the second diagnosis was worse than Yang believed, so he should be entitled to more compensation.

Court documents from the first hearing show that the coal mine said Yang went to hospital without informing the company, and that his contract had been completed.

In addition, both parties signed an agreement stipulating that Yang would receive the 80,000 yuan as one-time compensation, the documents show.

Zhang said Yang was now in despair, but looking forward to the appeal.

"Eating and drinking have become a big difficulty due to the disease," Zhang said.

According to Zhang, Yang's wife and children live in Beijing, but they do not have an income and rely on the compensation money.

Yang's appeal follows a case in September, in which Zhang Haichao, a 28-year-old farmer in Henan, was awarded 615,000 yuan in compensation for contracting lung disease in a factory.

In order to prove the disease, Zhang was forced to ask doctors to open his chest and inspect his lung.