---
kind: "section"
citation: "28 C.F.R. § 79.67"
title: "28"
number: "79.67"
heading: "Proof of chronic renal disease."
url: "https://uscodex.org/cfr/28/79.67"
---

# §79.67. Proof of chronic renal disease.

- (a) In determining whether a claimant developed chronic renal disease following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed chronic renal disease must be supported by medical documentation.
- (b) A claimant or beneficiary may submit any of the following forms of medical documentation in support of a claim that the claimant contracted chronic renal disease.
  - (1) Pathology report of tissue biopsy;
  - (2) If laboratory or radiographic tests exist:
    - (i) Abnormal plasma creatinine values;
    - (ii) Abnormal glomerular filtration rate (by either measured creatinine or iothalamate clearance or calculated by MDRD equation); and
    - (iii) **Renal tubular dysfunction as evidenced by—**
      - (A) Glycosuria in the absence of diabetes mellitus;
      - (B) Proteinuria less than one gram daily without other known etiology; or
      - (C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or alkaline phosphaturia or other marker of proximal tubular injury; or
    - (iv) Radiographic evidence of chronic renal disease;
  - (3) Autopsy report;
  - (4) Physician summary report;
  - (5) Hospital discharge summary report;
  - (6) Hospital admitting report; or
  - (7) **Death certificate, provided that it is signed by a physician at the time of death.**

## 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.