Sec. 103. Clarifying eligibility for black lung benefits claims
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Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by striking paragraphs
(3)and
(4)and inserting the following: If x-ray, biopsy, autopsy, or other medically accepted and relevant test or procedure establishes that a miner is suffering or has suffered from a chronic dust disease of the lung, diagnosed as complicated pneumoconiosis or progressive massive fibrosis, then there shall be an irrebuttable presumption that such miner is totally disabled due to pneumoconiosis, that such miner’s death was due to pneumoconiosis, or that, at the time of death, such miner was totally disabled by pneumoconiosis, as the case may be. A chest radiograph that yields one or more large opacities (greater than one centimeter in diameter) and would be classified in category A, B, or C in the International Classification of Radiographs of Pneumoconioses by the International Labor Organization shall be sufficient to invoke such presumption, unless there is more probative evidence establishing that the etiology of a large opacity is not pneumoconiosis. In this paragraph, the term complicated pneumoconiosis or progressive massive fibrosis means pneumoconiosis that has formed an opacity, mass, or lesion greater than one centimeter in diameter. If a miner was employed for 15 years or more in one or more coal mines, and if there is a chest radiograph submitted in connection with the claim under this title of such miner or such miner’s surviving spouse, child, parent, brother, sister, or dependent and it is interpreted as negative with respect to the requirements of paragraph (3), and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that the miner’s death was due to pneumoconiosis, or that, at the time of death, the miner was totally disabled by pneumoconiosis. In the case of a living miner, a spouse’s affidavit may not be used by itself to establish the presumption under this paragraph. The presumption under this paragraph may be rebutted only by establishing that such miner does not, or did not, have pneumoconiosis, or that no part of such miner’s respiratory or pulmonary impairment was caused by pneumoconiosis. .
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Sec. 103
Clarifying eligibility for black lung benefits claims
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