§718.304. Irrebuttable presumption of total disability or death due to pneumoconiosis.
20 C.F.R. § 718.304
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:
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
When diagnosed by biopsy or autopsy, yields massive lesions in the lung; or
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.
Notes, amendments, and revision history
Amendments
[79 FR 21613, Apr. 17, 2014]
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.
Amendments
[79 FR 21613, Apr. 17, 2014]