20 CFR 718.202 - Determining the existence of pneumoconiosis.

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§ 718.202 Determining the existence of pneumoconiosis.

(a) A finding of the existence of pneumoconiosis may be made as follows in paragraphs (a)(1) through (4) of this section:

(1) A chest X-ray conducted and classified in accordance with § 718.102 may form the basis for a finding of the existence of pneumoconiosis. Except as otherwise provided in this section, where two or more X-ray reports are in conflict, in evaluating such X-ray reports consideration must be given to the radiological qualifications of the physicians interpreting such X-rays (see § 718.102(d)).

(2) A biopsy or autopsy conducted and reported in compliance with § 718.106 may be the basis for a finding of the existence of pneumoconiosis. A finding in an autopsy or biopsy of anthracotic pigmentation, however, must not be considered sufficient, by itself, to establish the existence of pneumoconiosis. A report of autopsy must be accepted unless there is evidence that the report is not accurate or that the claim has been fraudulently represented.

(3) If the presumptions described in § 718.304 or § 718.305 are applicable, it must be presumed that the miner is or was suffering from pneumoconiosis.

(4) A determination of the existence of pneumoconiosis may also be made if a physician, exercising sound medical judgment, notwithstanding a negative X-ray, finds that the miner suffers or suffered from pneumoconiosis as defined in § 718.201. Any such finding must be based on objective medical evidence such as blood-gas studies, electrocardiograms, pulmonary function studies, physical performance tests, physical examination, and medical and work histories. Such a finding must be supported by a reasoned medical opinion.

(b) A claim for benefits must not be denied solely on the basis of a negative chest X-ray.

(c) A determination of the existence of pneumoconiosis must not be made -

(1) Solely on the basis of a living miner's statements or testimony; or

(2) In a claim involving a deceased miner, solely on the basis of the affidavit(s) (or equivalent testimony) of the claimant and/or his or her dependents who would be eligible for augmentation of the claimant's benefits if the claim were approved.

[79 FR 21612, Apr. 17, 2014]

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. Pub. L. 89–348, § 1(15), Nov. 8, 1965, 79 Stat. 1311

§ 944 - Special fund

§ 945 to 947 - Repealed. Pub. L. 98–426, § 25, Sept. 28, 1984, 98 Stat. 1654

§ 948 - Laws inapplicable

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

§ 949 - Effect of unconstitutionality

§ 950 - Separability

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Presidential Documents

Reorganization ... 1950 Plan No. 6