CHARLESTON, W.Va. (AP) — A judge on Tuesday ordered the restoration of a health monitoring program for coal miners in West Virginia and rescinded layoffs the federal government implemented in a unit of a small U.S. health agency.

U.S. District Judge Irene Berger issued a preliminary injunction in a lawsuit filed against Health Secretary Robert F. Kennedy Jr. and the U.S. Department of Health and Human Services by a coal miner who was diagnosed with a respiratory ailment commonly known as black lung disease.

Nearly 200 workers at a National Institute for Occupational Safety and Health facility in Morgantown were told last month that their jobs were being terminated as part of restructuring within Health and Human Services. Berger ordered that jobs be restored within NIOSH’s respiratory health division in Morgantown, although her ruling didn’t specify a number. The division is responsible for screening and reviewing medical exams to determine whether there is evidence that miners have developed black lung.

Federal law mandates that regular health screenings be made available to coal miners. Those diagnosed with black lung also are given the option to transfer to other positions in a mine to protect them from continued dust exposure without a pay reduction.

Berger said the defendants “lack the authority to unilaterally cancel” the Coal Workers Health Surveillance Program within NIOSH. She ordered both the surveillance and job transfer programs to be restored, saying that “there be no pause, stoppage or gap in the protections and services” mandated by the federal Mine Safety and Health Act.

Poisonous silica dust has contributed to the premature deaths of thousands of mine workers from black lung disease. Plaintiff Harry Wiley, a West Virginia mine electrician who has worked in coal mines for 38 years, was diagnosed with early-stage black lung last November.

Canceling the health surveillance program would “cost lives,” Berger wrote. “Remaining in a dusty job may reduce the years in which Mr. Wiley can walk and breathe unassisted, in addition to hastening his death. It is difficult to imagine a clearer case of irreparable harm.”

The judge gave Kennedy 20 days to show the federal government is complying with her order.

An email seeking comment from Health and Human Services wasn’t immediately returned Tuesday night.

Wiley’s attorney, Sam Brown Petsonk, said the preliminary injunction “had to happen, and the public, I think, understands the absolute necessity of this program. It cannot be hindered. It cannot be whittled away. It’s essential because it saves the lives of some of he hardest-working people in this entire world.”

NIOSH was created under a 1970 law signed by President Richard Nixon. It started operations the following year and grew to have offices and labs in eight cities, including Cincinnati, Pittsburgh, Morgantown, and Spokane, Washington.

Are you looking to win big? The West Virginia Lottery offers a variety of games if you think it’s your lucky day.

Lottery players in West Virginia can choose from popular national games like the Powerball and Mega Millions, which are available in the vast majority of states. Other games include Lotto America, Daily 3, Daily 4 and Cash 25. 

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Here’s a look at Monday, May 12, 2025 results for each game:

Winning Powerball numbers from May 12 drawing

15-16-41-48-60, Powerball: 21, Power Play: 3

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Winning Lotto America numbers from May 12 drawing

02-08-09-20-42, Star Ball: 03, ASB: 02

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Winning Daily 3 numbers from May 12 drawing

4-8-4

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Winning Daily 4 numbers from May 12 drawing

0-1-3-7

Check Daily 4 payouts and previous drawings here.

Winning Cash 25 numbers from May 12 drawing

05-08-09-11-14-18

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Feeling lucky? Explore the latest lottery news & results

When are the West Virginia Lottery drawings held?

• Powerball: 11 p.m. ET on Monday, Wednesday and Saturday.
• Mega Millions: 10:59 p.m. ET Tuesday and Friday.
• Lotto America: 10:15 p.m. ET on Monday, Wednesday and Saturday.
• Daily 3, 4: 6:59 p.m. ET Monday through Saturday.
• Cash 25: 6:59 p.m. ET Monday, Tuesday, Thursday, and Friday.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Puerto Rico, Washington D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

This results page was generated automatically using information from TinBu and a template written and reviewed by a USA Today editor. You can send feedback using this form. Our News Automation and AI team would love to hear from you. Take this survey and share your thoughts with us.

A minor setback for a major comeback. That’s a phrase that’s often tossed around in sports, and in West Virginia’s case, it fits to a T. Midweek games have been a thorn in the side of the Mountaineers of late and after losing a series to Kansas State over the weekend, there’s a sense of panic starting to creep in throughout the fanbase.

As Aaron Rodgers once famously said, R-E-L-A-X!

Championship-caliber teams all go through some sort of adversity on their path to the mountaintop. It’s what helps shape and mold them into an actual contender. They know how to react in tough situations, power through them, and bounce back.

While it may seem like the Mountaineers are sliding a little bit down the stretch, you have to keep the big picture in mind, and that’s winning the Big 12 championship. It doesn’t matter how you get it done – pretty, ugly, somewhere in between – earning that crown would mean a ton to this program as it would mark their first-ever outright Big 12 title.

How can it happen?

Well, it’s simple. Win one game this weekend, and the Big 12 title will reside in Morgantown. They don’t need help from around the league whatsoever. They control their own destiny.

That being said, they could get swept by Kansas and still win the title. Arizona State is the only team mathematically that can chase down WVU. They have to win all three games against Oklahoma State AND have the Mountaineers lose all three to Kansas. If Arizona State loses one game or WVU wins one game, that’s all she wrote.

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