20 C.F.R. § 718.105

Arterial blood-gas studies

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(a) Blood-gas studies are performed to detect an impairment in the process of alveolar gas exchange. This defect will manifest itself primarily as a fall in arterial oxygen tension either at rest or during exercise. No blood-gas study shall be performed if medically contraindicated.

(b) A blood-gas study shall initially be administered at rest and in a sitting position. If the results of the blood-gas test at rest do not satisfy the requirements of Appendix C to this part, an exercise blood-gas test shall be offered to the miner unless medically contraindicated. If an exercise blood-gas test is administered, blood shall be drawn during exercise.

(1) Date and time of test;

(2) Altitude and barometric pressure at which the test was conducted;

(3) Name and DOL claim number of the claimant;

(4) Name of technician;

(5) Name and signature of physician supervising the study;

(6) The recorded values for PC02, P02, and PH, which have been collected simultaneously (specify values at rest and, if performed, during exercise);

(7) Duration and type of exercise;

(8) Pulse rate at the time the blood sample was drawn;

(9) Time between drawing of sample and analysis of sample; and

(10) Whether equipment was calibrated before and after each test.

(d) If one or more blood-gas studies producing results which meet the appropriate table in Appendix C is administered during a hospitalization which ends in the miner's death, then any such study must be accompanied by a physician's report establishing that the test results were produced by a chronic respiratory or pulmonary condition. Failure to produce such a report will prevent reliance on the blood-gas study as evidence that the miner was totally disabled at death. (e) In the case of a deceased miner, where no blood gas tests are in substantial compliance with paragraphs (a), (b), and (c), noncomplying tests may form the basis for a finding if, in the opinion of the adjudication officer, the only available tests demonstrate technically valid results. This provision shall not excuse compliance with the requirements in paragraph (d) for any blood gas study administered during a hospitalization which ends in the miner's death.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1987–2025 · leading case: Mullins Coal Co. of Va. v. Dir., Off. of Workers' Comp. Programs, 484 U.S. 135 (1988).

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Mullins Coal Co. of Va. v. Dir., Off. of Workers' Comp. Programs, 484 U.S. 135 (1988). · cites it 2× “20 CFR § 718.105 ." Ibid. Nevertheless, this reasoning does rely upon adding the words "one set of" to the regulation; moreover, although ventilatory and blood gas studies do consist of a series of tests, the regulations on other occasions refer to such a series of tests as a…”

Saginaw Mining Co. v. George L. Ferda, 879 F.2d 198 (6th Cir. 1989). “20 C.F.R. § 718.105 (b) provides that if the results of blood gas tests at rest produce nonqualifying values, an exercise blood gas test shall be taken and the "blood shall be drawn during exercise.”

Big Horn Coal Co. v. Off. of Workers' Comp. Programs, United States Dep't of Labor, Homer F. Alley, Claimant-Respondent, 897 F.2d 1052 (10th Cir. 1990). · cites it 2× “Batty’s test results without requiring that the tests meet quality criteria specified under 20 C.F.R. § 718.105 ; (2) in not considering the report and testimony of Dr.”

Island Creek Coal Co. v. Elizabeth Maynard, 87 F.4th 802 (6th Cir. 2023). “” 20 C.F.R. § 718.105 (a). No. 23-3238 Island Creek Coal Co.”

Michael Revak v. Nat'l Mines Corp. & Old Repub. Companies, & Dir., Off. of Workers' Comp. Programs, Party-In-Interest, 808 F.2d 996 (3rd Cir. 1987). “20 C.F.R. § 718.105 . That a single qualifying test or medical opinion is sufficient to invoke the presumption is evident from the Secretary of Labor’s comments addressing the standard of rebuttal: [T]he Department cannot, as has been requested by some, look for the single item…”

Dorothy Gray, Widow of Eugene Gray v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Riverton Coal Co., 943 F.2d 513 (4th Cir. 1991). “Riverton argues that exercise samples are to be drawn during, not after, exercise, 20 C.F.R. § 718.105 (b); 20 C.F.R. part 410, appendix to subpart D, and that therefore the test conducted after exercise by Dr.”

Prater v. Hite Preparation Co., 829 F.2d 1363 (6th Cir. 1987). “-203(a)(3) table requirements; the other two clearly do not.”

Jim Walter Resources, Inc. v. Edward Allen Dir., Off. of Workers Comp. Programs, United States Dep't of Labor, 995 F.2d 1027 (11th Cir. 1993). “The comments to 20 C.F.R. § 718.105 (b) indicate that an arterial blood gas study should not be conducted after exercise if the "at rest” study is positive: "The Department does not believe that individuals who have arterial blood oxygen pressures below the disabling level at…”

Clinchfield Coal Co. v. Geraldine Mullins (4th Cir. 2025). · cites it 10× “20 C.F.R. § 718.105 (d) (emphasis supplied).”

Williams Mountain Coal Co. v. DOWCP, 328 F. App'x 243 (4th Cir. 2009). “See 20 C.F.R. § 718.105 (b) (2008) (“A blood-gas study shall initially be administered at rest and in a sitting position.”

Cannelton Indus., Inc. v. Frye, 93 F. App'x 551 (4th Cir. 2004). · cites it 4× “Zaldivar’s test did not conform to the requirements of 20 C.F.R. § 718.105 . J.A. 239-40. The regulations in place at the time of the 1996 blood gas study stated that “any report of a blood gas study submitted in connection with a claim shall specify .”

Consolidation Coal Co. v. DOWCP (4th Cir. 2025). “” 20 C.F.R. § 718.105 (a). The regulations provide that ABGSs “shall initially be administered at rest and in a sitting position.”

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