20 C.F.R. § 718.303
[Reserved]
Notes of Decisions
Cited in 7
cases, 1988–1992 · leading case: Effie Kline, Widow of William Kline v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 877 F.2d 1175 (3rd Cir. 1989).
Effie Kline, Widow of William Kline v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 877 F.2d 1175 (3rd Cir. 1989). “In addition, petitioner contends that Judge Halpem and the BRB erred as a matter of law in failing to apply the legal — as opposed to the narrower medical — definition of pneumoconiosis, and in failing to consider her possible entitlement to benefits under 20 C.F.R. § 718.303 .…”
Ruth Marx (Widow of Robert Marx) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, Benefits Review Bd., 870 F.2d 114 (3rd Cir. 1989). “§§ 921 (c)(2), 940; 20 C.F.R. § 718.303 (1988). 1 As evidence that Marx met the durational requirement, his brother Alvin testified that Marx worked in independent mines from 1943 until entering military service in 1951.”
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). “his or her death was due to pneumoconiosis,” 20 C.F.R. § 718.303 ; 2) “a miner [who] was employed for fifteen years or more in one or more underground coal mines” whose x-rays do not show pneumoconiosis has a rebuttable presumption that his or her total disability is due to…”
Mabel W. Turner, Widow of Bill Turner v. Dir., Off. of Workers Comp. Programs, United States Dep't of Labor, 927 F.2d 778 (4th Cir. 1991). “In line with this discussion, we have no occasion at this time to comment on the applicability of any presumption under 20 C.F.R. § 718.303 .”
Freeman United Coal Mining Co. v. Stone, 957 F.2d 360 (7th Cir. 1992). “20 C.F.R. § 718.303 (b). The BRB affirmed the AU’s decision in all respects, finding that he had applied the correct legal standard in invoking the presumption and in weighing the medical evidence.”
McClendon v. Drummond Coal Co., 861 F.2d 1512 (11th Cir. 1988). “That section entitles a claimant to a rebut-table presumption that the miner’s death was due to pneumoconiosis when he was employed in the mines for ten or more years and died of a respirable disease. § 718.303(a). The section further provides that [ u]nder this presumption,…”
Mcclendon v. Drummond Coal Co., 861 F.2d 1512 (11th Cir. 1988). “9 Drummond next contends that the ALJ erred in finding that McClendon's death was due to pneumoconiosis within the meaning of 20 C.F.R. section 718.303. That section entitles a claimant to a rebuttable presumption that the miner's death was due to pneumoconiosis when he was…”
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