20 C.F.R. § 718.203
Establishing relationship of pneumoconiosis to coal mine employment
(a) In order for a claimant to be found eligible for benefits under the Act, it must be determined that the miner's pneumoconiosis arose at least in part out of coal mine employment. The provisions in this section set forth the criteria to be applied in making such a determination.
(b) If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines, there shall be a rebuttable presumption that the pneumoconiosis arose out of such employment.
(c) If a miner who is suffering or suffered from pneumoconiosis was employed less than ten years in the nation's coal mines, it shall be determined that such pneumoconiosis arose out of that employment only if competent evidence establishes such a relationship.
Notes of Decisions
Cited in 78
cases (5 in the last 5 years), 1984–2025 · leading case: Jesse Adams v. Dir., Owcp, 886 F.2d 818 (6th Cir. 1989).
Jesse Adams v. Dir., Owcp, 886 F.2d 818 (6th Cir. 1989). “203, and that he suffers from a totally disabling respiratory impairment, id.”
Edwin Southard v. Dir., Off. of Workers' Comp. Programs, 732 F.2d 66 (6th Cir. 1984). “§ 921 (c)(1), and the companion regulation, 20 C.F.R. § 718.203 (b). Second, if Southard is not entitled to the presumption, we are confronted with whether substantial evidence supports the decision that no causal relationship was established.”
Dehue Coal Co. v. Laymond Ballard Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 65 F.3d 1189 (4th Cir. 1995). “The ALJ further accorded Ballard the rebuttable presumption, as provided in 20 C.F.R. § 718.203 (b) (1994), that his pneumoconiosis arose out of his coal mine employment.”
Arch on the Green, Inc. v. Lawrence Groves, 761 F.3d 594 (6th Cir. 2014). “” 20 C.F.R. § 718.203 (a). While it might be argued that the “significantly related to, or substantially aggravated by,” standard is both stricter and more clearly applicable in determining the meaning of “arising out of coal mine employment,” binding precedent of this court…”
The Daniels Co., Inc. v. Freda Mitchell, Surviving Spouse of James Mitchell Dir., Off. of Workers' Comp. Programs, 479 F.3d 321 (4th Cir. 2007). “” 20 C.F.R. § 718.203 (b) (2006); see also 20 C.”
Norfolk & W. Ry. Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Carl E. Shrader, 5 F.3d 777 (4th Cir. 1993). “§ 902 (d) and that the ALJ improperly calculated Shrader’s period of coal mine employment, and thereby improperly invoked the presumption of 20 C.F.R. § 718.203 (b). We affirm. I. Carl Shrader was employed by the Virginian Railroad in 1929 as a roundhouse laborer.”
Mike Mangus v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor & Price River Coal Co., 882 F.2d 1527 (10th Cir. 1989). “However, two circuits have used language from 20 C.F.R. § 718.203 (a) to define the standard for causation between coal mine employment and pneumo-coniosis under 20 C.”
Dir., Off. of Workers' Comp. Programs v. Greenwich Collieries, 512 U.S. 267 (1994). “20 CFR § 718.203 (b) (1993). The Department’s Benefits Review Board affirmed, concluding that the ALJ had considered all the evidence, had found each side’s evidence to be equally probative, and had properly resolved the dispute in Ondecko’s favor under the true doubt rule.”
Karst Robbins Coal Co. v. OWCP, 969 F.3d 316 (6th Cir. 2020). “20 C.F.R. § 718.203 (b). In 2006, Rice filed another claim for BLBA benefits, and KRCC and Bituminous were again identified as potentially responsible for payment.”
Peabody Coal Co. Old Repub. Ins. Co. v. Arthur E. Hill, 123 F.3d 412 (6th Cir. 1997). “1987); see also 20 C.F.R. §§ 718.203 (b), 718.302-.306 (presumptions).”
Cross Mountain Coal, Inc. v. Alvin Ward Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 93 F.3d 211 (6th Cir. 1996). “In addition, because the ALJ had credited claimant with 17 and one-third years of coal mine employment, claimant was entitled to a rebuttable presumption under 20 C.F.R. § 718.203 (b) that his pneumoconiosis arose out of his coal mine employment.”
Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019). “The 10-year presumption overlaps with the 15-year presumption because both presumptions shift the burden to the employer to submit evidence to disprove that a claimant's pneumoconiosis arose out of coal mine employment. Because the 15-year presumption addresses the element of…”
— 20 C.F.R. § 718.203(a) — 1 case
Arch on the Green, Inc. v. Lawrence Groves, 761 F.3d 594 (6th Cir. 2014). “” 20 C.F.R. § 718.203 (a). While it might be argued that the “significantly related to, or substantially aggravated by,” standard is both stricter and more clearly applicable in determining the meaning of “arising out of coal mine employment,” binding precedent of this court…”
— 20 C.F.R. § 718.203(b) — 4 cases
Cross Mountain Coal, Inc. v. Alvin Ward Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 93 F.3d 211 (6th Cir. 1996). “In addition, because the ALJ had credited claimant with 17 and one-third years of coal mine employment, claimant was entitled to a rebuttable presumption under 20 C.F.R. § 718.203 (b) that his pneumoconiosis arose out of his coal mine employment.”
Marfork Coal Co. v. Weis, 251 F. App'x 229 (4th Cir. 2007).
Howard v. Martin Cnty. Coal Corp., 89 F. App'x 487 (6th Cir. 2003).
Peabody Coal Co. v. DOWCP (4th Cir. 2000).
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