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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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Presumptions Applicable to Eligibility Determinations |
20 CFR 718.305 - Presumption of pneumoconiosis.
- Section Number: 718.305
- Section Name: Presumption of pneumoconiosis.
(a) If a miner was employed for fifteen years or more in one or
more underground coal mines, and if there is a chest X-ray submitted in
connection with such miner's or his or her survivor's claim and it is
interpreted as negative with respect to the requirements of
Sec. 718.304, and if other evidence demonstrates the existence of a
totally disabling respiratory or pulmonary impairment, then there shall
be a rebuttable presumption that such miner is totally disabled due to
pneumoconiosis, that such miner's death was due to pneumoconiosis, or
that at the time of death such miner was totally disabled by
pneumoconiosis. In the case of a living miner's claim, a spouse's
affidavit or testimony may not be used by itself to establish the
applicability of the presumption. The Secretary shall not apply all or
a portion of the requirement of this paragraph that the miner work in
an underground mine where it is determined that conditions of the
miner's employment in a coal mine were substantially similar to
conditions in an underground mine. The presumption may be rebutted only
by establishing that the miner does not, or did not have
pneumoconiosis, or that his or her respiratory or pulmonary impairment
did not arise out of, or in connection with, employment in a coal mine.
(b) In the case of a deceased miner, where there is no medical or
other relevant evidence, affidavits of persons having knowledge of the
miner's condition shall be considered to be sufficient to establish the
existence of a totally disabling respiratory or pulmonary impairment
for purposes of this section.
(c) The determination of the existence of a totally disabling
respiratory or pulmonary impairment, for purposes of applying the
presumption described in this section, shall be made in accordance with
Sec. 718.204.
(d) Where the cause of death or total disability did not arise in
whole or in part out of dust exposure in the miner's coal mine
employment or the evidence establishes that the miner does not or did
not have pneumoconiosis, the presumption will be considered rebutted.
However, in no case shall the presumption be considered rebutted on the
basis of evidence demonstrating the existence of a totally disabling
obstructive respiratory or pulmonary disease of unknown origin.
(e) This section is not applicable to any claim filed on or after
January 1, 1982.
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