20 CFR 718.304 - Irrebuttable presumption of total disability or death due to pneumoconiosis.
There is an irrebuttable presumption that a miner is totally disabled due to pneumoconiosis, that a miner's death was due to pneumoconiosis or that a miner was totally disabled due to pneumoconiosis at the time of death, if such miner is suffering or suffered from a chronic dust disease of the lung which:
(a) When diagnosed by chest X-ray (see § 718.202 concerning the standards for X-rays and the effect of interpretations of X-rays by physicians) yields one or more large opacities (greater than one centimeter in diameter) and would be classified in Category A, B, or C in accordance with the classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses as provided in § 718.102(d); or
(b) When diagnosed by biopsy or autopsy, yields massive lesions in the lung; or
(c) When diagnosed by means other than those specified in paragraphs (a) and (b) of this section, would be a condition which could reasonably be expected to yield the results described in paragraph (a) or (b) of this section had diagnosis been made as therein described: Provided, however, that any diagnosis made under this paragraph must accord with acceptable medical procedures.
- 20 CFR 718.205 — Death Due to Pneumoconiosis.
- 20 CFR 718.204 — Total Disability and Disability Causation Defined; Criteria for Determining Total Disability and Total Disability Due to Pneumoconiosis.
- 20 CFR 718.305 — Presumption of Pneumoconiosis.
- 20 CFR 718.104 — Report of Physical Examinations.
- 20 CFR 718.202 — Determining the Existence of Pneumoconiosis.