C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS › Subpart B—Criteria for the Development of Medical Evidence

20 C.F.R. § 718.102

Chest radiographs (X-rays)

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(a) A chest radiograph (X-ray) must be of suitable quality for proper classification of pneumoconiosis and must conform to the standards for administration and interpretation of chest X-rays as described in Appendix A.

(b) Chest X-rays may be produced by either film or digital radiography systems as defined in Appendix A to this part.

(c) The images described in paragraphs (c)(1) and (2) of this section will not be considered of suitable quality for proper classification of pneumoconiosis under this section:

(1) Digital images derived from film screen chest X-rays (e.g., by scanning or digital photography); and

(2) Images that were acquired using digital systems and then printed on transparencies for back-lighted display (e.g., using traditional view boxes).

(d) Standards for classifying radiographs:

(1) To establish the existence of pneumoconiosis, a film chest X-ray must be classified as Category 1, 2, 3, A, B, or C, in accordance with the International Labour Organization (ILO) classification system established in one of the following:

(i) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2011 (incorporated by reference, see § 718.5).

(ii) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2000 (incorporated by reference, see § 718.5).

(iii) Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition 1980 (incorporated by reference, see § 718.5).

(2) To establish the existence of pneumoconiosis, a digital chest radiograph must be classified as Category 1, 2, 3, A, B, or C, in accordance with the ILO classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2011.

(3) A chest radiograph classified under any of the foregoing ILO classification systems as Category 0, including subcategories 0-, 0/0, or 0/1, does not constitute evidence of pneumoconiosis.

(e) An X-ray report must include the following:

(1) The name and qualifications of the person who took the X-ray.

(2) The name and qualifications of the physician who interpreted the X-ray. The interpreting physician must indicate whether he or she was a Board-certified radiologist, a Board-eligible radiologist, or a Certified B Reader as defined below on the date the interpretation was made.

(i) Board-certified radiologist means that the physician is certified in radiology or diagnostic radiology by the American Board of Radiology, Inc., or the American Osteopathic Association.

(ii) Board-eligible radiologist means that the physician has successfully completed a formal accredited residency program in radiology or diagnostic radiology.

(iii) Certified B Reader means that the physician has demonstrated ongoing proficiency in evaluating chest radiographs for radiographic quality and in the use of the ILO classification for interpreting chest radiographs for pneumoconiosis and other diseases by taking and passing a specially designed proficiency examination given on behalf of or by the National Institute for Occupational Safety and Health (NIOSH), and has maintained that certification through the date the interpretation is made. See 42 CFR 37.52(b).

(3) A description and interpretation of the findings in terms of the ILO classification described in paragraph (d) of this section.

(4) A statement that the X-ray was interpreted in compliance with this section.

(f) Radiograph Submission: For film X-rays, the original film on which the X-ray report is based must be supplied to OWCP. For digital X-rays, a copy of the original digital object upon which the X-ray report is based, formatted to meet the standards for transmission of diagnostic chest images set forth in Appendix A, paragraph (d), must be provided to OWCP on a DVD or other media specified by OWCP. In cases where the law prohibits the parties or a physician from supplying the original film or a copy of the digital image, the report will be considered as evidence only if the original film or digital image is otherwise available to OWCP and the other parties.

(g) Where the chest X-ray of a deceased miner has been lost or destroyed, or is otherwise unavailable, a report of the chest X-ray submitted by any party may be considered in connection with the claim.

(h) Except as provided in this paragraph (h), no chest X-ray may constitute evidence of the presence or absence of pneumoconiosis unless it is conducted and reported in accordance with the requirements of this section and Appendix A. In the absence of evidence to the contrary, compliance with the requirements of Appendix A must be presumed. In the case of a deceased miner where the only available X-ray does not substantially comply with paragraphs (a) through (e) of this section, the X-ray may form the basis for a finding of the presence or absence of pneumoconiosis if it is of sufficient quality for determining whether pneumoconiosis is present and it was interpreted by a Board-certified radiologist, Board-eligible radiologist, or Certified B Reader.

[79 FR 21612, Apr. 17, 2014]
Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1981–2026 · leading case: Gunderson v. United States Dep't of Labor, 601 F.3d 1013 (10th Cir. 2010).
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Gunderson v. United States Dep't of Labor, 601 F.3d 1013 (10th Cir. 2010). · cites it 4× “" 20 C.F.R. § 718.102 (c). [4] Mr. Gunderson also argues that the ALJ "[f]ailed to [c]ompare the [c]redentials of the [e]xperts [i]n an [e]ven-[h]anded [w]ay.”
Sea \B\" Mining Co. v. Shirley Addison", 831 F.3d 244 (4th Cir. 2016). “13 (citing 20 C.F.R. §§ 718.102 , 718.202). Consequently, the ALJ did not consider this x-ray evidence in its analysis.”
U.S. Steel Mining Co. v. Dir., OWCP, 386 F.3d 977 (11th Cir. 2004). · cites it 2× “See 20 C.F.R. § 718.102 (b); see also Am. Mining Cong.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Georgia Congleton, 743 F.2d 428 (6th Cir. 1984). · cites it 2× “Although the negative X-ray report submitted into evidence was also indicative of the absence of pneumoconiosis, it did not bear the name or qualifications of the technician who took the film nor the physician who interpreted it, and therefore does not meet the requirements for…”
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011). “20 CFR §§ 718.102 , 718.804. Coal miners without radiographic evidence of the disease are excluded from the presumption; however, they are not automatically excluded from benefits, as they can still pursue their claim using other medical evidence to establish total disability…”
Michael Day, Jr. v. Johns Hopkins Health Sys., 907 F.3d 766 (4th Cir. 2018). “" See 20 C.F.R. § 718.102 (e)(2)(iii). A physician can achieve and maintain B-reader status "by taking and passing a specially designed proficiency examination given on behalf of or by the National Institute of Occupational Safety and Health.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. August Mangifest, 826 F.2d 1318 (3d Cir. 1987). “20 C.F.R. §§ 718.102 (e), 718.103(c), 718.”
Wolf Creek Collieries v. Dir., Off. of Workers' Comp. Programs, Dep't of Labor Evelyn Stephens, 298 F.3d 511 (6th Cir. 2002). “See 20 C.F.R. § 718.102 (b). 5 . In addition to what Drs.”
Comp. Dep't Of Dist. Five v. Ray Marshall, 667 F.2d 336 (3d Cir. 1981). “(See 20 CFR 718.102 and 718.202 for films taken on or after April 1, 1980.”
Little David Coal Co. v. Dir., Off. of Workers' Comp. Programs, 532 F. App'x 633 (6th Cir. 2012). “20 C.F.R. §§ 718.102 ; 718.106; 718.202(a)(l)-(2).”
Consolidation Coal Co. v. Swiger, 98 F. App'x 227 (4th Cir. 2004). “The parties submitted a total of fifty-two x-ray interpretations, only thirty-nine of which conformed to the classification requirements set forth in 20 C.F.R. § 718.102 . Of the thirty-nine qualifying x-rays, nine were read positive for pneumoconiosis and thirty were read…”
Albert Raymond Oliver v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 888 F.2d 1239 (8th Cir. 1989). “20 CFR 718.102(c). 12 . Claimant’s argument (R.”
Show all 23 citing cases →
20 C.F.R. § 718.102(1987): 1 case
Oakey Morgan v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 843 F.2d 1387 (4th Cir. 1988).
20 C.F.R. § 718.102(c): 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). “20 CFR 718.102(c). 12 . Claimant’s argument (R.”
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