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 A—General

20 C.F.R. § 718.2

Applicability of this part

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(a) With the exception of the second sentence of § 718.204(a), this part is applicable to the adjudication of all claims filed on or after June 30, 1982 under Part C of the Act. It provides standards for establishing entitlement to benefits under the Act and describes the criteria for the development of medical evidence used in establishing such entitlement. The second sentence of § 718.204(a) is applicable to the adjudication of all claims filed after January 19, 2001.

(b) Publication of certain provisions or parts of certain provisions that apply only to claims filed prior to June 30, 1982, or to claims subject to Section 435 of the Act, has been discontinued because those provisions affect an increasingly smaller number of claims. The version of Part 718 set forth in 20 CFR, parts 500 to end, edition revised as of April 1, 2010, applies to the adjudication of all claims filed prior to June 30, 1982, as appropriate.

(c) The provisions of this part must, to the extent appropriate, be construed together in the adjudication of claims.

[78 FR 59114, Sept. 25, 2013]
Notes of Decisions
Cited in 49 cases, 1987–2018 · leading case: Pittston Coal Grp. v. Sebben, 488 U.S. 105 (1988).
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Pittston Coal Grp. v. Sebben, 488 U.S. 105 (1988). · cites it 2× “See 20 CFR § 718.2 (1988). II One of the three consolidated cases before us, Director, OWCP v.”
Jesse Adams v. Dir., Owcp, 886 F.2d 818 (6th Cir. 1989). · cites it 2× “1989); 20 C.F.R. § 718.2 . Under Part 718, the miner must prove three facts in order to receive Black Lung Benefits: (1) that he suffers from pneumoconiosis; (2) that his pneumoconiosis arose at least in part out of his coal mine employment; and (3) that he is totally disabled…”
Tennessee Consol. Coal Co. v. Clarence O. Crisp, 866 F.2d 179 (6th Cir. 1989). · cites it 2× “See 20 C.F.R. §§ 718.2 , 725.4(a) & (d). The AU credited Crisp with fifteen years em *181 ployment as a “miner,” 30 U.”
Paramont Coal Co. Virginia v. Dewey J. McCoy, 819 S.E.2d 831 (Va. Ct. App. 2018). “8 See *357 20 C.F.R. § 718.2 ; 20 C.F.R. § 718.204 .”
Kentland Elkhorn Coal Corp. v. Noah Hall Dir., 287 F.3d 555 (6th Cir. 2002). · cites it 2× “The current version of 20 C.F.R. § 718.2 explains the applicability of part 718 of the Code of Federal Regulations to pending cases.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. August Mangifest, 826 F.2d 1318 (3d Cir. 1987). “See 20 C.F.R. § 718.2 , 725.4(a) (1987). Under Part 718, the miner must prove that he has pneumoconiosis, that he contracted it through his coal mine employment, and that he is totally disabled due to the disease.”
Piney Mountain Coal Co. v. Mays, 176 F.3d 753 (4th Cir. 1999). “See 20 C.F.R. § 718.2 . . The condition giving rise to this irrebuttable presumption is commonly referred to as "complicated” pneumoconiosis, though that term does not appear in § 718.”
Lisa Lee Mines (Terrilynne Coal Co.) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Alva Rutter, 86 F.3d 1358 (4th Cir. 1996). “See 20 C.F.R. § 718.2 (permanent regulations effective March 31, 1980).”
Consolidation Coal Co. v. Albert A. Borda Dir., 171 F.3d 175 (4th Cir. 1999). “1990); 20 C.F.R. § 718.2 (noting that the Part 718 regulations are generally applicable to all claims filed after March 31, 1980).”
Opal Strike v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 817 F.2d 395 (7th Cir. 1987). “See also 20 C.F.R. § 718.2 . First the claimant must establish that the miner’s pneumoconiosis arose at least in part out of coal mine employment.”
Josephine Mancia Widow of Angelo Mancia v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 130 F.3d 579 (3d Cir. 1997). “6 Thus, it was adjudicated under the regulations found at 20 C.F.R. § 718.2 . 7 Under 20 *585 C.F.R.”
Peabody Coal Co. Old Repub. Ins. Co. v. Arthur E. Hill, 123 F.3d 412 (6th Cir. 1997). “See 20 C.F.R. §§ 718.2 , 718.202—718.205; Adams v.”
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