Sec. 102. Clarifying eligibility for black lung benefits
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Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by striking paragraph
(3)and inserting the following: If x-ray, CT scan, 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 (as determined in accordance with subparagraph (B)), then there shall be an irrebuttable 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, as the case may be. For purposes of subparagraph (A), complicated pneumoconiosis or progressive massive fibrosis can be established by any of the following: A chest radiograph, which yields one or more large opacities whose greatest diameter exceeds 1 centimeter and would be classified in Category A, B, or C in the International Classification of Radiographs of Pneumoconioses by the International Labour Organization, in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis. A chest CT scan, which yields one or more large opacities whose greatest diameter exceeds 1 centimeter, in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis. A lung biopsy or autopsy, which would yield a lesion at least 1 centimeter in its long axis diameter if measured at the time of gross dissection. A diagnosis by other means that would reasonably be expected to yield results described in clause (i), (ii), or (iii). .
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Sec. 102
Clarifying eligibility for black lung benefits
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