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 D—Presumptions Applicable to Eligibility Determinations

20 C.F.R. § 718.302

Relationship of pneumoconiosis to coal mine employment

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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. (See § 718.203.)

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1989–2024 · leading case: Lisa Lee Mines (Terrilynne Coal Co.) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Alva Rutter, 86 F.3d 1358 (4th Cir. 1996).
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Lisa Lee Mines (Terrilynne Coal Co.) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Alva Rutter, 86 F.3d 1358 (4th Cir. 1996). · cites it 2× “§ 921 (c)(1), (3); 20 C.F.R. §§ 718.302 , .304. In short, the substance of Rutter’s claim is fine.”
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). · cites it 3× “See 20 C.F.R. § 718.302 (2006) (“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.”
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). “" 20 C.F.R. § 718.302 . Section 921(c)(3) establishes an irrebuttable presumption that specified results of medical tests demonstrate death or disability due to pneumoconiosis.”
Jordan v. Benefits Review Bd., 876 F.2d 1455 (11th Cir. 1989). “See 20 C.F.R. § 718.302 . The AU found, however, that Jordan had not established that he was totally disabled because the blood gas and pulmonary function studies were not indicative of total disability under 20 C.”
Daniels Co., Inc v. Mitchell (4th Cir. 2007). · cites it 3× “See 20 C.F.R. § 718.302 (2006) ("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.”
Island Creek Coal Co. v. Daniel Looney (4th Cir. 2024). “542–33; 20 C.F.R. § 718.302 . The ALJ determined that Looney established that his total disability was caused by his legal pneumoconiosis.”
Lisa Lee Mines v. DOWCP (4th Cir. 1996). · cites it 2× “§ 921 (c)(1), (3); 20 C.F.R. §§ 718.302 , .304. In short, the substance of Rutter's claim is fine.”
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