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. § 718.304

Irrebuttable presumption of total disability or death due to pneumoconiosis

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There is an irrebuttable presumption that a miner is totally disabled due to pneumoconiosis, that a miner's death was due to pneumoconiosis or that a miner was totally disabled due to pneumoconiosis at the time of death, if such miner is suffering or suffered from a chronic dust disease of the lung which:

(a) When diagnosed by chest X-ray (see § 718.202 concerning the standards for X-rays and the effect of interpretations of X-rays by physicians) yields one or more large opacities (greater than one centimeter in diameter) and would be classified in Category A, B, or C in accordance with the classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses as provided in § 718.102(d); or

(b) When diagnosed by biopsy or autopsy, yields massive lesions in the lung; or

(c) When diagnosed by means other than those specified in paragraphs (a) and (b) of this section, would be a condition which could reasonably be expected to yield the results described in paragraph (a) or (b) of this section had diagnosis been made as therein described: Provided, however, that any diagnosis made under this paragraph must accord with acceptable medical procedures.

[79 FR 21613, Apr. 17, 2014]
Notes of Decisions
Cited in 68 cases (7 in the last 5 years), 1989–2026 · leading case: Bridger Coal Co. v. Dir., Off. of Workers' Comp. Programs, 669 F.3d 1183 (10th Cir. 2012).
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Bridger Coal Co. v. Dir., Off. of Workers' Comp. Programs, 669 F.3d 1183 (10th Cir. 2012). · cites it 6× “§ 921 (c)(3); see also 20 C.F.R. § 718.304 2 (implementing regulation).”
E. Associated Coal Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Pearl D. Scarbro, 220 F.3d 250 (4th Cir. 2000). · cites it 5× “§ 921 (c)(3) and 20 C.F.R. § 718.304 that the death of her husband, a coal miner, was due to pneumo-coniosis.”
B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011). · cites it 2× “A dependent could make this showing by producing direct evidence that pneumoconiosis was a substantial or contributing cause to the miner's death or by proving that the miner suffered from "complicated pneumoconiosis" as defined in 20 C.F.R. § 718.304 , thereby invoking an…”
Lawyer Disciplinary Bd. v. Smoot, 716 S.E.2d 491 (W. Va. 2010). · cites it 4× “See 20 C.F.R. § 718.304 . Therefore, our determination of whether Mr.”
Milburn Colliery Co. v. Guy Hicks Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 138 F.3d 524 (4th Cir. 1998). · cites it 2× “A miner may also establish total disability by invoking the irrebuttable presumption in 20 C.F.R. § 718.304 (providing irrebuttable presumption of total disability or death due to pneu-moconiosis may be established by submitting chest X-ray yielding one or more large opacities…”
Gray v. SLC Coal Co., 176 F.3d 382 (6th Cir. 1999). · cites it 9× “See 20 C.F.R. § 718.304 (1998). Persons with a milder form of the disease are unable to invoke this irrebuttable presumption, and they or their survivors must instead prove that pneumoconiosis actually caused their death or total disability in order to receive benefits under the…”
Westmoreland Coal Co. v. Sharpe Ex Rel. Sharpe, 692 F.3d 317 (4th Cir. 2012). · cites it 4× “that a miner’s death was due to pneumoconiosis" that attaches to a finding of complicated pneumoconiosis, see 20 C.F.R. § 718.304 , as well as the possibility that Mrs.”
Westmoreland Coal Co. v. Cox, 602 F.3d 276 (4th Cir. 2010). · cites it 2× “The ALJ consistently referred to the statutory presumption at issue as being pursuant to 20 C.F.R. § 718.304 . 20 C.F.R. § 718.304 is the regulation that implements the presumption established by 30 U.”
Sterling Smokeless Coal Co. v. Tammy Akers Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 131 F.3d 438 (4th Cir. 1997). “Akers’ claim, a claimant may establish through any of the following four methods that a miner contracted pneumoconiosis: (1) chest x-ray readings; (2) biopsy or autopsy; (3) presumptions contained in 20 C.F.R. §§ 718.304 , 718.305 or 718.306, which are inapplicable here; or (4)…”
Perry v. Mynu Coals, Inc., 469 F.3d 360 (4th Cir. 2006). · cites it 10× “Perry, at least so far as vacation and remand go, arguing specifi- cally that the doctors’ testimony was sufficient to trigger the irrebutt- able presumption of causation codified in 20 C.F.R. § 718.304 and 30 U.S.C. § 921 (c)(3).”
Pittsburg & Midway Coal Mining Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 508 F.3d 975 (11th Cir. 2007). · cites it 8× “After thorough review, we conclude that substantial evidence supports the administrative law judge’s conclusion that, under § 411(c)(3) of the Act and its implementing regulation, 20 C.F.R. § 718.304 , Ms. Cornelius was entitled to an irrebuttable presumption that her husband’s…”
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). “See 20 C.F.R. § 718.304 . 11 . As noted, Social Security benefit determinations are governed by regulations that require deference to treating physicians, see 20 C.”
Show all 68 citing cases →
— 20 C.F.R. § 718.304(a) — 1 case
Elkay Mining Co. v. Hazel Smith, 712 F. App'x 222 (4th Cir. 2017).
— 20 C.F.R. § 718.304(c) — 1 case
E. Assoc Coal v. DOWCP (4th Cir. 2000).
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