20 CFR 718.305 - Presumption of pneumoconiosis.

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§ 718.305 Presumption of pneumoconiosis.
(a) If a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest X-ray submitted in connection with such miner's or his or her survivor's claim and it is interpreted as negative with respect to the requirements of § 718.304, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that such miner's death was due to pneumoconiosis, or that at the time of death such miner was totally disabled by pneumoconiosis. In the case of a living miner's claim, a spouse's affidavit or testimony may not be used by itself to establish the applicability of the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where it is determined that conditions of the miner's employment in a coal mine were substantially similar to conditions in an underground mine. The presumption may be rebutted only by establishing that the miner does not, or did not have pneumoconiosis, or that his or her respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine.
(b) In the case of a deceased miner, where there is no medical or other relevant evidence, affidavits of persons having knowledge of the miner's condition shall be considered to be sufficient to establish the existence of a totally disabling respiratory or pulmonary impairment for purposes of this section.
(c) The determination of the existence of a totally disabling respiratory or pulmonary impairment, for purposes of applying the presumption described in this section, shall be made in accordance with § 718.204.
(d) Where the cause of death or total disability did not arise in whole or in part out of dust exposure in the miner's coal mine employment or the evidence establishes that the miner does not or did not have pneumoconiosis, the presumption will be considered rebutted. However, in no case shall the presumption be considered rebutted on the basis of evidence demonstrating the existence of a totally disabling obstructive respiratory or pulmonary disease of unknown origin.
(e) This section is not applicable to any claim filed on or after January 1, 1982.

Title 20 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-17; vol. 79 # 74 - Thursday, April 17, 2014
    1. 79 FR 21606 - Black Lung Benefits Act: Standards for Chest Radiographs
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Workers' Compensation Programs
      Final rule.
      This rule is effective May 19, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of May 19, 2014.
      20 CFR Parts 718 and 725

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 901 - Short title

§ 902 - Definitions

§ 903 - Coverage

§ 904 - Liability for compensation

§ 905 - Exclusiveness of liability

§ 906 - Compensation

§ 907 - Medical services and supplies

§ 908 - Compensation for disability

§ 909 - Compensation for death

§ 910 - Determination of pay

§ 911 - Guardian for minor or incompetent

§ 912 - Notice of injury or death

§ 913 - Filing of claims

§ 914 - Payment of compensation

§ 915 - Invalid agreements

§ 916 - Assignment and exemption from claims of creditors

§ 917 - Lien against compensation

§ 918 - Collection of defaulted payments; special fund

§ 919 - Procedure in respect of claims

§ 920 - Presumptions

§ 921 - Review of compensation orders

§ 921a - Appearance of attorneys for Secretary, deputy commissioner, or Board

§ 922 - Modification of awards

§ 923 - Procedure before deputy commissioner or Board

§ 924 - Witnesses

§ 925 - Witness fees

§ 926 - Costs in proceedings brought without reasonable grounds

§ 927 - Powers of deputy commissioners or Board

§ 928 - Fees for services

§ 929 - Record of injury or death

§ 930 - Reports to Secretary

§ 931 - Penalty for misrepresentation

§ 932 - Security for compensation

§ 933 - Compensation for injuries where third persons are liable

§ 934 - Compensation notice

§ 935 - Substitution of carrier for employer

§ 936 - Insurance policies

§ 937 - Certificate of compliance with chapter

§ 938 - Penalties

§ 939 - Administration by Secretary

§ 940 - Deputy commissioners

§ 941 - Safety rules and regulations

§ 942 - Annual report

§ 943 - Repealed.

§ 944 - Special fund

§ 945 to 947 - Repealed.

§ 948 - Laws inapplicable

§ 948a - Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement...employer for penalties and payments; insurance policy exemption from liability

§ 949 - Effect of unconstitutionality

§ 950 - Separability

Presidential Documents

Reorganization ... 1950 Plan No. 6

Title 20 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 718 after this date.

  • 2014-04-17; vol. 79 # 74 - Thursday, April 17, 2014
    1. 79 FR 21606 - Black Lung Benefits Act: Standards for Chest Radiographs
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Workers' Compensation Programs
      Final rule.
      This rule is effective May 19, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of May 19, 2014.
      20 CFR Parts 718 and 725