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Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Employees' Benefits |
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Employment Standards Administration, Department of Labor |
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Standards for Determining Coal Miners' Total Disability or Death Due to Pneumoconiosis |
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Criteria for the Development of Medical Evidence |
20 CFR 718.106 - Autopsy; biopsy.
- Section Number: 718.106
- Section Name: Autopsy; biopsy.
(a) A report of an autopsy or biopsy submitted in connection with a
claim shall include a detailed gross macroscopic and microscopic
description of the lungs or visualized portion of a lung. If a surgical
procedure has been performed to obtain a portion of a lung, the
evidence shall include a copy of the surgical note and the pathology
report of the gross and microscopic examination of the surgical
specimen. If an autopsy has been performed, a complete copy of the
autopsy report shall be submitted to the Office.
(b) In the case of a miner who died prior to March 31, 1980, an
autopsy or biopsy report shall be considered even when the report does
not substantially comply with the requirements of this section. A
noncomplying report concerning a miner who died prior to March 31,
1980, shall be accorded the appropriate weight in light of all relevant
evidence.
(c) A negative biopsy is not conclusive evidence that the miner
does not have pneumoconiosis. However, where positive findings are
obtained on biopsy, the results will constitute evidence of the
presence of pneumoconiosis.
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