|
Subscribe to E-mail Updates
|
|
Code of Federal Regulations Pertaining to U.S. Department of Labor |
|
Employees' Benefits |
|
|
Employment Standards Administration, Department of Labor |
|
|
|
Standards for Determining Coal Miners' Total Disability or Death Due to Pneumoconiosis |
|
|
|
|
Determining Entitlement to Benefits |
20 CFR 718.203 - Establishing relationship of pneumoconiosis to coal mine employment.
(a) In order for a claimant to be found eligible for benefits under
the Act, it must be determined that the miner's pneumoconiosis arose at
least in part out of coal mine employment. The provisions in this
section set forth the criteria to be applied in making such a
determination.
(b) If a miner who is suffering or suffered from pneumoconiosis was
employed for ten years or more in one or more coal mines, there shall
be a rebuttable presumption that the pneumoconiosis arose out of such
employment.
(c) If a miner who is suffering or suffered from pneumoconiosis was
employed less than ten years in the nation's coal mines, it shall be
determined that such pneumoconiosis arose out of that employment only
if competent evidence establishes such a relationship.