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. § 718.107

Other medical evidence

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(a) The results of any medically acceptable test or procedure reported by a physician and not addressed in this subpart, which tends to demonstrate the presence or absence of pneumoconiosis, the sequelae of pneumoconiosis or a respiratory or pulmonary impairment, may be submitted in connection with a claim and shall be given appropriate consideration.

(b) The party submitting the test or procedure pursuant to this section bears the burden to demonstrate that the test or procedure is medically acceptable and relevant to establishing or refuting a claimant's entitlement to benefits.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1991–2026 · leading case: Sea \B\" Mining Co. v. Shirley Addison", 831 F.3d 244 (4th Cir. 2016).
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Sea \B\" Mining Co. v. Shirley Addison", 831 F.3d 244 (4th Cir. 2016). · cites it 3× “” 20 C.F.R. § 718.107 (a). Although the regulations group the forms of permissible evidence into discrete categories, an ALJ must weigh all of the evidence together when determining whether the miner has established the presence of pneumoconiosis.”
Otto Walker v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor E. Associated Coal Corp., 927 F.2d 181 (4th Cir. 1991). “We, of course, do not suggest what weight a fact finder should give to evidence of examinations listed in § 718.”
Elm Grove Coal Co. v. Dir., Off. of Workers' Comp. Programs, 480 F.3d 278 (4th Cir. 2007). “The Evidence-Limiting Rules further allow each party to submit additional evidence to rebut the results of any other testing submitted by the opposing party under 20 C.F.R. § 718.107 (authorizing party to submit "[t]he results of any medically acceptable test or procedure…”
Island Creek Ky. Mining v. OWCP (6th Cir. 2026). · cites it 2× “Under 20 C.F.R. § 718.107 (a), an ALJ may appropriately consider “[t]he results of any medically acceptable test or procedure reported by a physician and not addressed in this subpart, which tends to demonstrate the presence or absence of pneumoconiosis, the sequelae of…”
Westmoreland Coal Co. v. Dir., Off. of Workers' Comp. Programs, 662 F. App'x 213 (4th Cir. 2016). “” See 20 C.F.R. § 718.107 (a) (2016); Sea “B” Mining Co.”
Elkay Mining Co. v. Hazel Smith, 712 F. App'x 222 (4th Cir. 2017). “”); 20 C.F.R. § 718.107 (providing that the results of “any medically acceptable test or procedure reported by a physician” may be submitted in support of a claim).”
P.T. Mine Servs., Inc. v. Dir., OWCP, 412 F. App'x 461 (3rd Cir. 2011). “” 20 C.F.R. § 718.107 (b). P.T. Mine asserts that the ALJ failed to analyze Dr.”
Oak Grove Resources, LLC v. Dir., OWCP, 562 F. App'x 836 (11th Cir. 2014). “Oak Grove contends that the administrative law judge erroneously disregarded two computed tomography scans as proof that Cook did not suffer from pneumoconiosis, but Oak Grove failed to establish that the scans were “medically acceptable test[s] or procedure[s]” that warranted…”
Buffalo Mining Co v. Miller (4th Cir. 1998). “See 20 C.F.R. §§ 718.107 , 718.202(a)(4) (1998).”
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