Lawyer Underwood Interviewed on National TV

Foxx Friends Snipit

Attorney Underwood Interviewed on National TV about case involving retiree who was wrongfully denied health insurance benefits under ERISA.



Does a Time Out for Coal Operators Work?

Governor Earl Ray Tomblin issued an order directing West Virginia’s coal operators to stop mining for one hour in response to the death of another miner last week.  Did it work?

Sources tell Underwood Law Office that Coal Miner, John Miles, died when the scoop he was operating flipped over on top of him.  He was loading an elevator.   Normally, the elevator has a kill switch which prevents it from raising or lowering while people or materials are being loaded.   However, this time, electricity in the mine shut off for a brief moment.  When it came back on, the kill switch did not work, and the elevator tried to return to the surface.  When it did, the scoop, which was partially inside the elevator, flipped over, crushing Mr. Miles.

The Governor’s Office states that the Executive Order is to cause coal mine operators to “thoroughly review applicable health and safety laws and regulations, communication protocols and any particularized safety issues apparent in their operations.”

We respect, and even personally like, Governor Earl Ray Tomblin.  We understand his undoubted frustration in wanting to do something.    However, we think that a one hour stop work order is like sending an entire kindergarten class to timeout for the actions of one child.

It would not seem to be a particularly effective punishment.  It punishes innocent miners as well as innocent coal operators with lost employment and production.  Surely, there has to be a better way?



Another of Our Finest Lost: Hollywood Myles

On February 19, 2013, John Houston “Hollywood” Myles, of Hilltop, was the latest West Virginia miner to die.  According to  the Beckley newspaper, Myles was a veteran from Desert Storm.  He and his wife were married underground at the Exhibition Coal Mine in Beckley. They have two sons four daughters and one grandchild.  May God rest his soul.  May God bless and care for his family.  He was 44.

The Coal Miners Lawyer – 304.522.0508

four coal miners exit mine

Mark Underwood of Underwood Law Offices represents coal miners and their families in a variety of cases arising from accidents and death.  Whether it be an injury, wrongful death, Social Security disabiliy claim, company or ERISA disability claim or workers compensation, Mark Underwood is the Coal Miners Lawyer.

What Might Have Been – The Most Motivating Memory of All

scan0001 (3)Mark Underwood never got to know his grandfather.  He was a coal miner with his dad at the McKell Coal Company.

He left the coal mines to serve his country in World War II. When he returned to Mount Hope, he was killed in a preventable work accident at Union Carbide. Mark’s granddad left three children and a wonderful bride behind as well as a very difficult life for them. The company Mark’s grandfather worked for did not take care of his family. To this day, Mark Underwood carries that with him.  He understands the tragedy of loss. That is why Mark is outraged that 29 West Virginia miners just left their families behind in an accident that should have been prevented by Massey, and this is why he’s adamant the families involved in the  horrific tragedy are watched over and taken care of.


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