M.D., from April to
May of 2000 indicate Mr. Lee had occasional shortness of breath with exertion. His lungs were

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noted to be fairly clear. He was diagnosed with occupational pneumoconiosis and chest x-ray
abnormalities.

        An April 10, 2000, letter from the United States Department of Labor indicates Mr. Lee
had a chest x-ray on January 4, 2000, as part of a company provided medical screening. He had
enough occupational pneumoconiosis to be eligible for the option towork in a low dust area of a
mine. Gregory Wagner, M.D., found that he had evidence of calcification in small
pneumoconiotic opacities, coalescence of small pneumoconiotic opacities, and pleural
thickening. On September 8, 2006, John Parker, M.D., noted that that Mr. Lee’s occupational
pneumoconiosis was first seen in 1997 films and a large opacity was seen in 2006 films. The
large opacity was consistent with complicated occupational pneumoconiosis.

       On December 23, 2008, Mr. Lee exercised his right to work in an area of the mine where
dust concentration was lower. In January of 2009, he was transferred to a position above ground.
On January 22, 2013, A. Mirza, M.D., completed a physician’s report of occupational
pneumoconiosis in which he indicated Mr. Lee had been suffering from the condition for
fourteen