20 C.F.R. § 718.1
Statutory provisions
Section 402(f) of the Act authorizes the Secretary of Labor to establish criteria for determining total disability or death due to pneumoconiosis to be applied in the processing and adjudication of claims filed under Part C of the Act. Section 402(f) further authorizes the Secretary of Labor, in consultation with the National Institute for Occupational Safety and Health, to establish criteria for all appropriate medical tests administered in connection with a claim for benefits. Section 413(b) of the Act authorizes the Secretary of Labor to establish criteria for the techniques used to take chest roentgenograms (x-rays) in connection with a claim for benefits under the Act.
Notes of Decisions
Cited in 45
cases (2 in the last 5 years), 1985–2025 · leading case: Mae Garcia, Widow of Simon A. Garcia v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 869 F.2d 1413 (10th Cir. 1989).
Mae Garcia, Widow of Simon A. Garcia v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 869 F.2d 1413 (10th Cir. 1989). “§ 902 (f); 20 C.F.R. §§ 718.1 -.2, 727.2(d). Claims filed after March 31, 1980, are reviewed under the Department of Labor’s permanent regulations found at 20 C.”
Ruth Marx (Widow of Robert Marx) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, Benefits Review Bd., 870 F.2d 114 (3rd Cir. 1989). “See 20 C.F.R. § 718.1 (a) (1988). She relied on the rebut-table presumption, available on claims filed before January 1, 1982, that one who had worked at least ten years in the mines and died of a respirable disease died of pneumo-coniosis.”
Saginaw Mining Co. v. George L. Ferda, 879 F.2d 198 (6th Cir. 1989). “See 20 C.F.R. § 718.1 -.404. However, a question arose regarding the proper regulations to be applied to claims filed prior to the taking effect of the permanent labor regulations in Part 718 on April 1, 1980, but adjudicated after that date.”
Tennessee Consol. Coal Co. v. Clarence O. Crisp, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 866 F.2d 179 (6th Cir. 1989). “§ 902 (f); 20 C.F.R. § 718.1 (a). The final regulations in Part 718 were promulgated pursuant to Congress’ mandate that the Secretary of Labor, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish criteria for all…”
Consolidation Coal Co. v. Albert A. Borda Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 171 F.3d 175 (4th Cir. 1999). “; see also 20 C.F.R. § 718.1 (b). Under the Part 727 regulations, Borda was entitled to a presumption of eligibiity, 1 placing on Consolidation Coal the burden of rebutting the presumption through one of four specified methods.”
Peabody Coal Co. & Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 778 F.2d 358 (7th Cir. 1985). “20 C.F.R. §§ 718.1 -.404 (1985). Congress expressly required that any claim filed after December 31, 1973, but before the effective date of the regulations, be processed under criteria “no more restrictive” than those applicable to a claim filed on June 30, 1973.”
The Aetna Cas. & Sur. Co. v. United States, 71 F.3d 475 (2d Cir. 1995). “; see also 20 C.F.R. §§ 718.1 et seq. (1994). Pursuant to federal statutory requirements, the company elected to self-insure the payment of these obligations.”
Roberts & Schaefer Co. v. Dir., Off. of Workers' Comp. Programs & William L. Williams, 400 F.3d 992 (7th Cir. 2005). “” 20 C.F.R. § 718.1 (a). A claimant is entitled to benefits if he establishes that: (1) he.”
Dorothy v. Collins v. Old Ben Coal Co. & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 861 F.2d 481 (7th Cir. 1988). “See 20 C.F.R. § 718.1 (b). We further point out that the SSA interim presumption explicitly permits the introduction of relevant lay evidence to demonstrate the existence of pneumoconiosis.”
In the Matter of Frank Bosco v. Twin Pines Coal Co. & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 892 F.2d 1473 (10th Cir. 1989). “His claim is therefore governed by the permanent regulations promulgated by the Department of Labor, 20 C.F.R. §§ 718.1 -.404 (1988), effective on April 1, 1980.”
Robert Hawkins v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Freeman United Coal Mining Co., 907 F.2d 697 (7th Cir. 1990). “The regulations published at 20 C.F.R. § 718.1 -.402 govern Hawkins' case since he filed his claim for benefits after March 31, 1980.”
Perry v. Mynu Coals, Inc., 469 F.3d 360 (4th Cir. 2006). “See 20 C.F.R. §§ 718.1 & 718.205(a).3 This means that the claimant must establish that the decedent had coal workers’ pneumoconiosis as defined by the Act, 20 C.”
— 20 C.F.R. § 718.1(1988) — 1 case
Ruth Marx (Widow of Robert Marx) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, Benefits Review Bd., 870 F.2d 114 (3rd Cir. 1989). “See 20 C.F.R. § 718.1 (a) (1988). She relied on the rebut-table presumption, available on claims filed before January 1, 1982, that one who had worked at least ten years in the mines and died of a respirable disease died of pneumo-coniosis.”
— 20 C.F.R. § 718.1(b) — 1 case
Albert Raymond Oliver v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 888 F.2d 1239 (8th Cir. 1989).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.