(a) For the purpose of the Act, “pneumoconiosis” means a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment. This definition includes both medical, or “clinical”, pneumoconiosis and statutory, or “legal”, pneumoconiosis.
(1) Clinical Pneumoconiosis. “Clinical pneumoconiosis” consists of those diseases recognized by the medical community as pneumoconioses, i.e., the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fibrotic reaction of the lung tissue to that deposition caused by dust exposure in coal mine employment. This definition includes, but is not limited to, coal workers' pneumoconiosis, anthracosilicosis, anthracosis, anthrosilicosis, massive pulmonary fibrosis, silicosis or silicotuberculosis, arising out of coal mine employment.
(2) Legal Pneumoconiosis. “Legal pneumoconiosis” includes any chronic lung disease or impairment and its sequelae arising out of coal mine employment. This definition includes, but is not limited to, any chronic restrictive or obstructive pulmonary disease arising out of coal mine employment.
(b) For purposes of this section, a disease “arising out of coal mine employment” includes any chronic pulmonary disease or respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment.
(c) For purposes of this definition, “pneumoconiosis” is recognized as a latent and progressive disease which may first become detectable only after the cessation of coal mine dust exposure.
Notes of Decisions
Gunderson v. United States Dep't of Labor, 601 F.3d 1013 (10th Cir. 2010).
· cites it 22× “The ALJ heard conflicting evidence: Mr. Gunderson's doctors concluded that he suffered from pneumoconiosis arising from coal dust exposure and that he was disabled because of the disease, while doctors testifying on behalf of Blue Mountain Energy opined that Mr.”
Westmoreland Coal Co. v. Jarrell Cochran, 718 F.3d 319 (4th Cir. 2013).
· cites it 9× “” 20 C.F.R. § 718.201 (a). “[P]neumoconiosis can take two forms”: “clinical” pneumoconiosis and “legal” pneumoconiosis.”
Sherman Greene v. King James Coal Mining, Inc., 575 F.3d 628 (6th Cir. 2009).
· cites it 8× “20 C.F.R. § 718.201 (a). The regulations define clinical (or medical) pneumoconiosis as “those diseases recognized by the medical community as pneumoconiosis, i.”
Zurich Am. Ins. Grp. v. Duncan Ex Rel. Duncan, 889 F.3d 293 (6th Cir. 2018).
· cites it 6× “Clinical pneumoconiosis"consists of those diseases recognized by the medical community as pneumoconioses," *297 20 C.F.R. § 718.201 (a)(1), whereas legal pneumoconiosis"includes any chronic lung disease or impairment and its sequelae arising out of coal mine employment," 20 C.”
Wilgar Land Co. v. OWCP, 85 F.4th 828 (6th Cir. 2023).
· cites it 11× “20 C.F.R. § 718.201 (a). The regulation defined the word “pneumoconiosis” to include both “medical, or ‘clinical’, pneumoconiosis and statutory, or ‘legal’, pneumoconiosis.”
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
· cites it 2× “Page 23 operator to prove that the miner had neither clinical pneumoconiosis (diseases that the medical community recognizes as pneumoconiosis, 20 C.F.R. § 718.201 (a)(1)) nor legal pneumoconiosis (a broader category of lung impairments that are significantly related to, or…”
Sunny Ridge Mining Co., Inc. v. Herbert Keathley, 773 F.3d 734 (6th Cir. 2014).
· cites it 8× “Broudy’s statement— that “coal mine dust-related chronic bronchitis should dissipate with cessation of coal mine dust exposure and usually stops with exposure cessation” — was “inconsistent with the regulatory definition of pneumoconiosis in 20 C.F.R. § 718.201 (c) as a latent…”
Morrison v. Tennessee Consol. Coal Co., 644 F.3d 473 (6th Cir. 2011).
· cites it 4× “See 20 C.F.R. § 718.201 (b) (explaining that "a disease 'arising out of coal mine employment’ includes any chronic pulmonary disease or respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment”).”
Energy West Mining Co. v. Oliver, 555 F.3d 1211 (10th Cir. 2009).
· cites it 4× “As we noted in Andersen , the Labor Department codified this interpretation at 20 C.F.R. § 718.201 (a). The regulation defines “legal” pneumoconiosis to encompass “any chronic lung disease or impairment and its sequelae,” including “any chronic restrictive or obstructive…”
Cumberland River Coal Co. v. Billie Banks, 690 F.3d 477 (6th Cir. 2012).
· cites it 4× “” 20 C.F.R. § 718.201 (c). The Act directs the Department of Labor (the Department) to “make payments of benefits in respect of total disability of any miner due to pneumoconiosis.”
Incoal, Inc. v. OWCP, 123 F.4th 808 (6th Cir. 2024).
· cites it 8× “” 20 C.F.R. § 718.201 (a)(2). The regulations explicitly provide that “[t]his definition includes, but is not limited to, any chronic restrictive or obstructive pulmonary disease arising out of coal mine employment.”
Helen Mining Co v. James Elliott, Sr., 859 F.3d 226 (3rd Cir. 2017).
· cites it 3× “§ 902 (b)); see 20 C.F.R. § 718.201 (a). The upshot of this amendment, when considered together with § 921(c)(4), was that the disease and disease causation elements *231 overlapped, so if the Secretary could not rebut the presumption by proving that the miner did not have a…”
Andersen v. Dir., Off. of Workers' Comp. Programs, 455 F.3d 1102 (10th Cir. 2006).
· cites it 4× “See 20 C.F.R. § 718.201 . 2 *1104 According to the regulations, clinical pneumoconiosis consists of those lung diseases the medical community refers to as pneumoconiosis — “the condition characterized by permanent deposition of substantial amounts of particulate matter in the…”
Huscoal, Inc. v. OWCP, 48 F.4th 480 (6th Cir. 2022).
· cites it 5× “2014) (quoting 20 C.F.R. § 718.201 (a)(1)). Legal pneumoconiosis is much broader, encompassing “any chronic lung disease or impairment and its sequelae arising out of coal mine employment.”
Arch on the Green, Inc. v. Lawrence Groves, 761 F.3d 594 (6th Cir. 2014).
· cites it 3× “They each must arise “out of coal mine employment,” 20 C.F.R. § 718.201 (a)). Summarizing twelve single-spaced pages of analysis, the ALJ wrote: I credit Drs.”
Island Creek Kentucky Mining v. Roy Ramage, Sr., 737 F.3d 1050 (6th Cir. 2013).
· cites it 3× “chronic lung disease or impairment and its sequelae arising out of coal mine employment,” 20 C.F.R. § 718.201 (a)(2), where “a disease ‘arising out of coal mine employment’ includes any chronic pulmonary disease or respiratory or pulmonary impairment significantly related to, or…”
Little David Coal Co. v. Dir., Off. of Workers' Comp. Programs, 532 F. App'x 633 (6th Cir. 2012).
· cites it 6× “The Administrative Law Judge (“ALJ”) found that Collins was entitled to benefits because he suffered from a totally disabling respiratory impairment that qualified as “legal pneumoconiosis,” as defined by 20 C.F.R. § 718.201 . For the reasons discussed herein, we AFFIRM.”
B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011).
· cites it 2× “" 20 C.F.R. § 718.201 . [2] There are four parties in these proceedings, B & G, the State Workers Insurance Fund (though not further identified in the caption presumably that of Pennsylvania), the Director, Office of Workers' Compensation Programs, and Norma G.”
Eastover Mining Co. v. Dorothy S. Williams & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 338 F.3d 501 (6th Cir. 2003).
· cites it 2× “This definition includes, but is not limited to, coal workers’ pneumoconiosis, anthracosilicosis, anthracosis, anthrosilicosis, massive pulmonary fibrosis, progressive massive fibrosis, silicosis, or silicotuberculosis, arising out of coal mine employment.”
Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019).
· cites it 4× “" 20 C.F.R. § 718.201 (a)(1). Legal pneumoconiosis, on the other hand, is defined as any "chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.”
Island Creek Coal Co. v. Elizabeth Maynard, 87 F.4th 802 (6th Cir. 2023).
· cites it 4× ““Clinical pneumoconiosis ‘consists of those diseases recognized by the medical community as pneumoconioses,’ 20 C.F.R. § 718.201 (a)(1), whereas legal pneumoconiosis ‘includes any chronic lung disease or impairment and its sequelae arising out of coal mine employment,’ 20 C.”
Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002).
· cites it 4× “20 C.F.R. § 718.201 (a). Legal pneumoconiosis is defined to include “any chronic lung disease or impairment .”
Island Creek Coal Co. v. Larry Young, 947 F.3d 399 (6th Cir. 2020).
· cites it 2× “20 C.F.R. § 718.201 (b). The ALJ’s opinion acknowledged this standard—that Island Creek needed to show that Young’s lung impairment was not “significantly related to, or substantially aggravated by” coal dust exposure.”
Jesse Adams v. Dir., Owcp, 886 F.2d 818 (6th Cir. 1989).
· cites it 2× “” 20 C.F.R. § 718.201 . Under these circumstances, in the Director’s view, the miner’s entire lung disease is “legal” pneumoconio-sis under the regulations, and his totally disabling respiratory impairment must therefore be considered “due to” his pneu-moconiosis.”
Mingo Logan Coal Co. v. Erma Owens, 724 F.3d 550 (4th Cir. 2013).
· cites it 3× “20 C.F.R. § 718.201 (a). A claims examiner found that Owens was eligible for benefits and ordered Mingo Logan to pay him $1,048.”
West Virginia CWP Fund v. Page Bender, Jr., 782 F.3d 129 (4th Cir. 2015).
· cites it 2× “” 20 C.F.R. § 718.201 (a)(2) (2014). Under this new regime, the concerns animating the Court’s decision in Usery , namely, concerns about Section 921(c)(4) preventing an operator from rebutting the presumption by showing that a miner was not disabled due to clinical…”
Consolidation Coal Co. v. OWCP, 911 F.3d 824 (7th Cir. 2018).
· cites it 4× “§ 902 (b) ; 20 C.F.R. § 718.201 (a). And the regulations define two subcategories of pneumoconiosis : "Clinical pneumoconiosis" refers to "those diseases recognized by the medical community as pneumoconioses, i.”
Island Creek Coal Co. v. Robert Hill (6th Cir. 2018).
· cites it 6× “” 20 C.F.R. 718.201(a)(2). “To establish entitlement to benefits, the claimant must prove by a preponderance of the evidence that (1) he has pneumoconiosis; (2) his pneumoconiosis arose at least in part out of his coal mine employment; (3) he is totally disabled; and (4) the…”
Helvetia Coal Co. v. Dir., Off. of Workers' Comp. Programs, 677 F. App'x 790 (3rd Cir. 2017).
· cites it 3× “, the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fíbrotic reaction of the lung tissue to that deposition caused by dust exposure in coal mine employment,” 20 C.F.R, § 718.201(a)(1); and (2) legal…”
James Goodwin, John Ingram, Raymond Lovejoy, Jeffrey Allen, Charles Lilly, & Raymond Muncy v. 3M Co., Am. Optical Corp., Cabot CSC Corp., Cabot Corp., Aearo Tech., LLC, Aearo, LLC, Mine Saf. Appliances Co., LLC, E. States Mine Supply Co., Raleigh Mine & Indus. Supply, & United Cent. Indus. Supply, LLC (2024).
· cites it 2× “” See 20 C.F.R § 718.201(a)(2) (2014). 6 Jeffrey Allen Jeffrey Allen began working in underground coal mines in 1975 and continued such work for over forty-five years.”
— 20 C.F.R. § 718.201(a)(1) — 3 cases
Helvetia Coal Co. v. Dir., Off. of Workers' Comp. Programs, 677 F. App'x 790 (3rd Cir. 2017).
“, the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fíbrotic reaction of the lung tissue to that deposition caused by dust exposure in coal mine employment,” 20 C.F.R, § 718.201(a)(1); and (2) legal…”
— 20 C.F.R. § 718.201(a)(2) — 3 cases
Island Creek Coal Co. v. Robert Hill (6th Cir. 2018).
“” 20 C.F.R. 718.201(a)(2). “To establish entitlement to benefits, the claimant must prove by a preponderance of the evidence that (1) he has pneumoconiosis; (2) his pneumoconiosis arose at least in part out of his coal mine employment; (3) he is totally disabled; and (4) the…”
James Goodwin, John Ingram, Raymond Lovejoy, Jeffrey Allen, Charles Lilly, & Raymond Muncy v. 3M Co., Am. Optical Corp., Cabot CSC Corp., Cabot Corp., Aearo Tech., LLC, Aearo, LLC, Mine Saf. Appliances Co., LLC, E. States Mine Supply Co., Raleigh Mine & Indus. Supply, & United Cent. Indus. Supply, LLC (2024).
“” See 20 C.F.R § 718.201(a)(2) (2014). 6 Jeffrey Allen Jeffrey Allen began working in underground coal mines in 1975 and continued such work for over forty-five years.”
— 20 C.F.R. § 718.201(c) — 2 cases
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
“Page 23 operator to prove that the miner had neither clinical pneumoconiosis (diseases that the medical community recognizes as pneumoconiosis, 20 C.F.R. § 718.201 (a)(1)) nor legal pneumoconiosis (a broader category of lung impairments that are significantly related to, or…”
Wilgar Land Co. v. OWCP, 85 F.4th 828 (6th Cir. 2023).
“20 C.F.R. § 718.201 (a). The regulation defined the word “pneumoconiosis” to include both “medical, or ‘clinical’, pneumoconiosis and statutory, or ‘legal’, pneumoconiosis.”
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