---
kind: "section"
citation: "20 C.F.R. § 718.106"
title: "20"
number: "718.106"
heading: "Autopsy; biopsy."
url: "https://uscodex.org/cfr/20/718.106"
---

# §718.106. Autopsy; biopsy.

- (a) A report of an autopsy or biopsy submitted in connection with a claim shall include a detailed gross macroscopic and microscopic description of the lungs or visualized portion of a lung. If a surgical procedure has been performed to obtain a portion of a lung, the evidence shall include a copy of the surgical note and the pathology report of the gross and microscopic examination of the surgical specimen. If an autopsy has been performed, a complete copy of the autopsy report shall be submitted to the Office.
- (b) In the case of a miner who died prior to March 31, 1980, an autopsy or biopsy report shall be considered even when the report does not substantially comply with the requirements of this section. A noncomplying report concerning a miner who died prior to March 31, 1980, shall be accorded the appropriate weight in light of all relevant evidence.
- (c) **A negative biopsy is not conclusive evidence that the miner does not have pneumoconiosis.** However, where positive findings are obtained on biopsy, the results will constitute evidence of the presence of pneumoconiosis.

## Notes

### Source

Source: 65 FR 80045, Dec. 20, 2000, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 45 FR 13678, Feb. 29, 1980, unless otherwise noted.