---
kind: "section"
citation: "28 C.F.R. § 104.21"
title: "28"
number: "104.21"
heading: "Presumptively covered conditions."
url: "https://uscodex.org/cfr/28/104.21"
---

# §104.21. Presumptively covered conditions.

- (a) **In general.** The Special Master shall maintain and publish on the Fund's Web site a list of presumptively covered conditions that resulted from the terrorist-related air crashes of September 11, 2001, or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. The list shall consist of the WTC-Related Physical Health Conditions that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. Group B claims shall be eligible for compensation only if the Special Master determines based on the evidence presented that a claimant who seeks compensation for physical harm has at least one WTC-Related Physical Health Condition, or, with respect to a deceased individual, the cause of such individual's death is determined at least in part to be attributable to a WTC-Related Physical Health Condition.
- (b) **Updates.** The Special Master shall update the list of presumptively covered conditions to conform to any changes in the WTC-Related Physical Health Conditions. Claims may then be amended pursuant to [§ 104.22(e)(ii)](/cfr/28/104.22.md?p=e-ii).
- (c) **Conditions other than presumptively covered conditions.** A claimant may also be eligible for payment under [§ 104.51](/cfr/28/104.51.md) where the claimant has at least one WTC-Related Physical Health Condition and the Special Master determines that the claimant—
  - (1) Has a physical injury to the body that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes or presents extraordinary circumstances; and
  - (2) **Is otherwise eligible for payment.**

## Notes

### Amendments

[81 FR 38941, June 15, 2016, as amended at 81 FR 60620, Sept. 2, 2016]

### Authority

Authority: Title IV of Pub. L. 107-42, 115 Stat. 230, 49 U.S.C. 40101 note; Title II of Pub. L. 111-347, 124 Stat. 3623; Title IV of Pub. L. 114-113, 129 Stat. 2242.

### Source

Source: 81 FR 38941, June 15, 2016, unless otherwise noted.

### Amendments

[81 FR 38941, June 15, 2016, as amended at 81 FR 60620, Sept. 2, 2016]