Banner Graphic, Volume 10, Number 38, Greencastle, Putnam County, 17 October 1979 — Page 4

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The Putnam County Banner Graphic, October 17,1979

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Miner's widower battles company for survivor's benefits PITTSBURGH (AP) Marilyn McCusker had to fight to get her job as a coal miner. And when she died in a mine accident two weeks ago, her husband, Alan, realized his wife’s struggle was only a battle in a larger conflict. “They say that because I’m a man, I’m not deserving of survivors’ benefits,” said McCusker, who’s become a soldier in the war for sexual equality. After filing a sex discrimination suit against the Rushton Mining Co., Mrs. McCusker received a job and retroactive benefits through an out-of-court settlement two years ago. Mrs. McCusker, a 35-year-old former nurses’ aide, was buhied alive at Rushton Mining’s portal in Osceola Mills when a rock and dirt ceiling she was helping reinforce gave way. She was the first woman in modern times killed while working in an underground mine. Now her husband is a 28-year-old miner’s widower with orjd child. McCusker went on leave from work before the accident to build the couple’s new home. , ; “When Marilyn sued, it was with the understanding that it was' for full benefits. That’s what this whole thing was about,” McCusker said Tuesday in a telephone interview from his home in Coalport in the heart of Pennsylvania’s soft coal region. McCusker decided to fight when a Pennsylvania Mines Corp. official told him his son is eligible for about $l3O a week in benefits but because McCusker is capable of returning to his job as a carpenter he’s ineligible. “I just quoted the law to him,” said Ron Brooks, a claims agent for Pennsylvania Mines, parent firm of Rushton Mining “I’m supposed to see a lawyer on Friday,” McCusker said. He’s up against an old state law that says widows, rich or poor, healthy or sick, can collect survivor benefits. But it denies benefits to able-bodied men whose working wives die on the job. , “The only thing he’d be entitled to is a $1,500 burial fee,” said Connie Mills, a legal assistant in the Harrisburg office that administers Pennsylvania’s worker compensation laws. “Section 307, paragraph seven of the Pennsylvania Workmen’s Compensation Law. I’m not saying its fair, but it’s the law,” she said. “At one time women didn’t work. This law is coming down to us from those times. ” McCusker could get unexpected help. Proposed amendments would substitute “surviving spouse” for “widow” in the present laws, said an aide to the Senate Labor and Industry Committee chaired by Philadelphia Democrat Herbert Arlene. But action on the proposal is not in sight, said the aide, who asked not to be quoted by name. Arlene was unavailable for comment Tuesday. The costs of providing expanded coverage could stand in the. way, the aide said: “We once had a bill that changed just the name of the law, and it went down in committee because some people thought it would cost too much for all the printing.”

YOUR SHOPPING GUIDE TO BETTER SAVINGS PASSBOOK 5.50% Compounded Daily For An Effective _ ' Annual Yield of 5*73/0 26-WEEK CERTIFICATE (*IO,OOO minimum) Issue Rate For 11.716% Week Beginning October 18th Is 4-YEAR CERTIFICATE (*I,OOO Minimum) , . Issue Rate During _ October Is 8*50 % 8-YEAR CERTIFICATE (*I,OOO Minimum) O*oo/0 ALL OF THESE SA VINGS PROGRAMS ARE INSURED BY AN AGENCY OF THE FEDERAL GOVERNMENT - WITHOUT CHARGE TO YOU! FEDERAL REGULATIONS REQUIRE A SUBSTANTIAL INTEREST PENALTY ON CERTIFICATES CASHED PRIOR TO MATURITY. FEDERAL REGULATIONS ALSO DO NOT ALLOW COMPOUNDING INTEREST ON 26-WEEK CERTIFICATES

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