(a) The Office of Workers' Compensation Programs (hereinafter OWCP
or the Office) shall develop the medical evidence necessary for a
determination with respect to each claimant's entitlement to benefits.
Each miner who files a claim for benefits under the Act shall be
provided an opportunity to substantiate his or her claim by means of a
complete pulmonary evaluation including, but not limited to, a chest
roentgenogram (X-ray), physical examination, pulmonary function tests
and a blood-gas study.
(b) The standards for the administration of clinical tests and
examinations contained in this subpart shall apply to all evidence
developed by any party after January 19, 2001 in connection with a
claim governed by this part (see Secs. 725.406(b), 725.414(a),
725.456(d)). These standards shall also apply to claims governed by
part 727 (see 20 CFR 725.4(d)), but only for clinical tests or
examinations conducted after January 19, 2001. Any clinical test or
examination subject to these standards shall be in substantial
compliance with the applicable standard in order to constitute evidence
of the fact for which it is proffered. Unless otherwise provided, any
evidence which is not in substantial compliance with the applicable
standard is insufficient to establish the fact for which it is
proffered.
