20 C.F.R. § 718.101

General

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(a) The Office of Workers' Compensation Programs (hereinafter OWCP or the Office) must develop the medical evidence necessary to determine each claimant's entitlement to benefits. Each miner who files a claim for benefits under the Act must be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation including, but not limited to, a chest radiograph (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 §§ 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.

[65 FR 80045, Dec. 20, 2000, as amended at 78 FR 35555, June 13, 2013; 79 FR 21611, Apr. 17, 2014]

Notes of Decisions

Cited in 15 cases (4 in the last 5 years), 1984–2026 · leading case: Peabody Coal Co. v. Wilma J. Groves Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 277 F.3d 829 (6th Cir. 2002).

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Peabody Coal Co. v. Wilma J. Groves Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 277 F.3d 829 (6th Cir. 2002). “Although this provision applies only to evidence developed after January 19, 2001, 20 C.F.R. § 718.101 (b), we find it instructive although not directly applicable in this case.”

Sherman Greene v. King James Coal Mining, Inc., 575 F.3d 628 (6th Cir. 2009). “§ 923 (b) when it pays for an examining physician who (1) performs all of the medical tests required by 20 C.F.R. §§ 718.101 (a) and 725.406(a), and (2) specifically links each conclusion in his or her medical opinion to those medical tests.”

Roland Newman v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 745 F.2d 1162 (8th Cir. 1984). “20 C.F.R. §§ 718.101 , 718.401, 725.405, 725.”

Westmoreland Coal Co. v. Amick, 123 F. App'x 525 (4th Cir. 2004). · cites it 2× “The only properly raised argument Westmoreland makes is that under amended 20 C.F.R. § 718.101 (b), different quality standards applied to Dr.”

Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002). “20 C.F.R. § 718.101 (d): The “treating physician rule” instructs the officer adjudicating a miner’s claim to consider the relationship between the miner and any treating physician whose report is submitted when determining whether the min-, er suffers from black lung disease and…”

Albert Oliver v. Dir., Off. of Workers' Comp. Programs, 993 F.2d 1353 (8th Cir. 1993). “§ 923 (b) (1986); 20 C.F.R. §§ 718.101 , 727.203(c) (1992).”

S. Ohio Coal Co. v. OWCP, 128 F.4th 809 (6th Cir. 2025). “Generally, 20 C.F.R. § 718.101 (b) provides that “[a]ny clinical test or examination subject to” the regulations “shall be in substantial compliance with the applicable standard in order to constitute evidence of the fact for which it is proffered.”

Energy West Mining Co. v. Hunsinger, 389 F. App'x 819 (10th Cir. 2010). “20 C.F.R. § 718.101 (a). The claimant has the burden to prove: 1) he suffers from pneumoconiosis; 2) his pneu-moconiosis arose out of his coal mine employment; and 3) the pneumoconiosis is substantially causing a totally disabling pulmonary disease.”

Smith v. Martin Cnty. Coal Corp., 233 F. App'x 507 (6th Cir. 2007). “§ 923 (b), 20 C.F.R. §§ 718.101 (a), 725.401, 725.406(b).”

Clinchfield Coal Co. v. DOWCP (4th Cir. 2026). · cites it 2× “Compare 20 C.F.R. §§ 718.101 (b), 718.103(c) (requiring claim-developed PFTs be evaluated for “substantial compliance” with the attached Appendix B quality standards found at 20 C.”

S. Ohio Coal Co. v. OWCP (6th Cir. 2025). “Generally, 20 C.F.R. § 718.101 (b) provides that “[a]ny clinical test or examination subject to” the regulations “shall be in substantial compliance with the applicable standard in order to constitute evidence of the fact for which it is proffered.”

ICG Knott Cnty., LLC v. Justin Johnson (6th Cir. 2025). “See 20 C.F.R. §§ 718.101 (b), 718.103(b). For medical-treatment PFTs, the ALJ need only determine that the noncomplying PFT is otherwise “reliable.”

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