---
kind: "section"
citation: "28 C.F.R. § 79.42"
title: "28"
number: "79.42"
heading: "Criteria for eligibility for claims by miners."
url: "https://uscodex.org/cfr/28/79.42"
---

# §79.42. Criteria for eligibility for claims by miners.


To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:

- (a) The claimant was employed as a miner in a specified state;
- (b) The claimant was so employed at any time during the period beginning on January 1, 1942, and ending on December 31, 1971;
- (c) The claimant was exposed during the course of his or her mining employment to 40 or more working level months of radiation or worked for at least one year in a uranium mine or mines during the period identified in [paragraph (b)](#b) of this section; and
- (d) **The claimant contracted lung cancer or a nonmalignant respiratory disease following such exposure.**

## Notes

### Authority

Authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (42 U.S.C. 2210 note; 5 U.S.C. 500(b)).

### Source

Source: Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted.