20 C.F.R. § 718.301
Establishing length of employment as a miner
The presumptions set forth in §§ 718.302 and 718.305 apply only if a miner worked in one or more coal mines for the number of years required to invoke the presumption. The length of the miner's coal mine work history must be computed as provided by 20 CFR 725.101(a)(32).
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1989–2026 · leading case: Freeman United Coal Mining Co. v. Herman E. Summers, 272 F.3d 473 (7th Cir. 2001).
Freeman United Coal Mining Co. v. Herman E. Summers, 272 F.3d 473 (7th Cir. 2001). “See 20 C.F.R. § 718.301 . For purposes of calculating a miner’s length of employment, a year is defined as one calendar year, or partial periods totaling one year, during which the miner has worked “in or around a coal mine or mines for at least 125 “working days.”
ARMCO, Inc. v. Martin, 277 F.3d 468 (4th Cir. 2002). “2 The term "one year" is also used and defined in 20 C.F.R. § 718.301 (1999), the section setting out when miners are eligible for various pre- 8 ARMCO, INC.”
Irving Landes v. Off. of Workers' Comp. Prog., Delta Materials Corp. & Wausau Ins. Corp., 997 F.2d 1192 (7th Cir. 1993). “As to the former, Landes asserts that his years of coal mine employment should have been computed by applying the 125-day rule set forth in 20 C.F.R. § 718.301 (b), which provides in pertinent part: For the purposes of the presumptions described in this subpart, a year of…”
Betty Yauk, Widow of Steve Yauk v. Dir., Owcp, U.S. Dep't of Labor, 912 F.2d 192 (8th Cir. 1989). “Petitioner argues the AU should have applied the “125-day rule” set forth in 20 C.F.R. § 718.301 (b) (1988) and credited her husband with one full calendar year of coal mine employment for each year he worked at least 125 days in a coal mine.”
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. § 718.301 (2006). With regard to the element of total disability, § 718.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 718.301 : This rule provides that a miner’s length of employment can be presumed if the miner worked in one or more mines for the number of years required.”
Robin Griffith v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 868 F.2d 847 (6th Cir. 1989). “20 C.F.R. § 718.301 (b) provides that, for the purpose of invoking specified part 718 presumptions, “[a] ‘working day’ means any day or part of a day for which a miner received pay for work as a miner.”
Anita Baldwin v. DOWCP (4th Cir. 2026). “In 1980, the Department of Labor (“DOL”) first defined “a year of employment” within two distinct regulations: 20 C.F.R. § 718.301 (b) (2000), used to determine what evidence a miner must show to be entitled to certain presumptions, and 20 C.”
Colley & Colley Coal Co. v. Breeding, 59 F. App'x 563 (4th Cir. 2003). “" Because the Black Lung Benefits Act, at the time rele- vant to this appeal, permitted any evidence to establish "regular employment," see 20 C.F.R. § 718.301 (a) (2000), and calculated a year of "regular employment" as a minimum of 125 work days, see Armco, 277 F.”
Jeffrey Hayes v. Dir., OWCP (11th Cir. 2026). “493 (b) (1998); 20 C.F.R. § 718.301 (a)–(b) (1998). By contrast, sec- tion 725.”
Daniels Co., Inc v. Mitchell (4th Cir. 2007). “" 20 C.F.R. § 718.301 (2006). With regard to the element of total disability, § 718.”
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