---
kind: "section"
citation: "20 C.F.R. § 718.304"
title: "20"
number: "718.304"
heading: "Irrebuttable presumption of total disability or death due to pneumoconiosis."
url: "https://uscodex.org/cfr/20/718.304"
---

# §718.304. Irrebuttable presumption of total disability or death due to pneumoconiosis.


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](/cfr/20/718.202.md) 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)](/cfr/20/718.102.md?p=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)](#a) and [(b)](#b) of this section, would be a condition which could reasonably be expected to yield the results described in paragraph [(a)](#a) or [(b)](#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

[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]