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 C—Determining Entitlement to Benefits

20 C.F.R. § 718.205

Death due to pneumoconiosis

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(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
Cited in 127 cases (4 in the last 5 years), 1983–2026 · leading case: B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011).
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B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011). · cites it 6× “[9] See 20 C.F.R. § 718.205 (c)(3). E. The PPACA Amendments After 1981 section 932( l ) of the Act remained unaltered until Congress passed the PPACA in 2010.”
Josephine Mancia Widow of Angelo Mancia v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 130 F.3d 579 (3rd Cir. 1997). · cites it 7× “20 C.F.R. § 718.205 (c); Director, OWCP v.”
Gartha Conley v. Nat'l Mines Corp., 595 F.3d 297 (6th Cir. 2010). · cites it 8× “20 C.F.R. § 718.205 (c)(2). That was the question upon which NMC focused its arguments.”
Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 888 F.2d 1001 (3rd Cir. 1989). · cites it 5× “1 The regulation at issue, 20 C.F.R. § 718.205 (c), sets forth the criteria used to determine whether the death of a miner will be considered to be due to pneumoconiosis, commonly known as black lung disease, in order to entitle the survivor to benefits under the Black Lung…”
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 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, Widow of Paul Shuff v. Cedar Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 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., & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 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.”
Wolf Creek Collieries v. Dir., Off. of Workers' Comp. Programs, Dep't of Labor Evelyn Stephens, 298 F.3d 511 (6th Cir. 2002). · cites it 3× “20 C.F.R. § 718.205 (a). Claimants must prove each element by a preponderance of the evidence.”
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., Off. of Workers' Comp. Programs, United States Dep't of Labor, 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.”
Show all 127 citing cases →
— 20 C.F.R. § 718.205(c) — 1 case
Arch on the Green, Inc. v. Lawrence Groves, 761 F.3d 594 (6th Cir. 2014).
— 20 C.F.R. § 718.205(c)(1)(2) — 1 case
Mancia v. Dir. OWCP (3rd Cir. 1997).
— 20 C.F.R. § 718.205(c)(2) — 4 cases
Brown v. Rock Creek Mining Co., 996 F.2d 812 (6th Cir. 1993).
Brown v. Rock Creek Mining Co., 996 F.2d 812 (6th Cir. 1993).
Marcella Kosik v. Dir. OWCP (3rd Cir. 2002).
BethEnergy Mines Inc v. DOWCP (4th Cir. 1996).
— 20 C.F.R. § 718.205(c)(5) — 1 case
Safko v. Dir. Off. Workers' Comp. Prog., 109 F. App'x 507 (3rd Cir. 2004).
— 20 C.F.R. § 718.205(c)(l)(2) — 1 case
Josephine Mancia Widow of Angelo Mancia v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 130 F.3d 579 (3rd Cir. 1997). “20 C.F.R. § 718.205 (c); Director, OWCP v.”
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