(a) Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis. In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that:
(1) The miner had pneumoconiosis (see § 718.202);
(2) The miner's pneumoconiosis arose out of coal mine employment (see § 718.203); and
(3) The miner's death was due to pneumoconiosis as provided by this section.
(b) Death will be considered to be due to pneumoconiosis if any of the following criteria is met:
(1) Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or
(2) Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or
(3) Where the presumption set forth at § 718.304 is applicable, or
(4) For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at § 718.305 is invoked and not rebutted.
(5) However, except where the § 718.304 presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death.
(6) Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death.
[78 FR 59114, Sept. 25, 2013]
Notes of Decisions
Eastover Mining Co. v. Dorothy S. Williams & Dir., 338 F.3d 501 (6th Cir. 2003).
· cites it 3× “” 20 C.F.R. § 718.205 (c)(5). One can always claim, as Woolum did, that if pneumoconio-sis makes someone weaker, it makes them less resistant to some other trauma.”
Piney Mountain Coal Co. v. Mays, 176 F.3d 753 (4th Cir. 1999).
· cites it 4× “20 C.F.R. § 718.205 (c)(4). Just what is a “substantially contributing cause?” The Director has adopted a temporal approach in interpreting the phrase.”
Bradberry v. Dir., Off. of Workers' Comp. Programs, 117 F.3d 1361 (11th Cir. 1997).
· cites it 7× “§ 921 (a) and 20 C.F.R. § 718.205 (c). We also decide whether the BRB erred in affirming the administrative law judge’s (“ALJ’s”) denial of surviving spouse’s benefits under the Black Lung Benefits Act, 30 U.”
Jewell Shuff v. Cedar Coal Co. Dir., 967 F.2d 977 (4th Cir. 1992).
· cites it 3× “Shuff was not entitled to survivor’s benefits under 20 C.F.R. § 718.205 (c). * Mrs. Shuff appealed the AU’s determination to the BRB, and Cedar Coal cross-appealed the grant of benefits on the living miner’s claim.”
Maxine Livermore v. Amax Coal Co., 297 F.3d 668 (7th Cir. 2002).
· cites it 6× “Thus, the ALJ found Maxine Livermore had established that Billy Livermore’s death was attributable to pneumoconiosis under 20 C.F.R. § 718.205 and awarded benefits.”
Jesse Adams v. Dir., Owcp, 886 F.2d 818 (6th Cir. 1989).
· cites it 2× “Compare 20 C.F.R. § 718.205 (b) & (c) (“due to pneumoconiosis” defined in context of survivors’ claims).”
Ashland Compton v. Inland Steel Coal Co. & Dir., 933 F.2d 477 (7th Cir. 1991).
· cites it 4× “” The court rested its belief on an additional provision, 20 C.F.R. § 718.205 (c), defining the showing required for a deceased miner’s survivors to recover black lung benefits.”
20 C.F.R. § 718.205(c): 1 case
20 C.F.R. § 718.205(c)(1)(2): 1 case
20 C.F.R. § 718.205(c)(2): 4 cases
20 C.F.R. § 718.205(c)(5): 1 case
20 C.F.R. § 718.205(c)(l)(2): 1 case
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