Sec. 411. ### (a)
1,031 words·~5 min read·
/statute-compilations/comps-1521/sec-411A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 411 ###
(a)The Secretary shall, in accordance with the provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of total disability of any miner due to pneumoconiosis, and in respect of the death of any miner whose death was due to pneumoconiosis or, except with respect to a claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981, who at the time of his death was totally disabled by pneumoconiosis. ###
(b)The Secretary shall by regulation prescribe standards for determining for purposes of section 411(a) whether a miner is totally disabled due to pneumoconiosis and for determining whether the death of a miner was due to pneumoconiosis. Regulations required by this subsection shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of this title, and in no event later than the end of the third month following the month in which this title is enacted. Final regulations required for implementation of any amendments to this title shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the fourth month following the month in which such amendments are enacted. Such regulations may be modified or additional regulations promulgated from time to time thereafter. ###
(c)For purposes of this section— ####
(1)If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines there shall be a rebuttable presumption that his pneumoconiosis arose out of such employment. ####
(2)If a deceased miner was employed for ten years or more in one or more coal mines and died from a respirable disease there shall be rebuttable presumption that his death was due to pneumoconiosis. The provisions of this paragraph shall not apply with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981. ####
(3)If a miner is suffering or suffered from a chronic dust disease of the lung which
(A)when diagnosed by chest roentgenogram, 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 the Pneumoconioses by the International Labor Organization,
(B)when diagnosed by biopsy or autopsy yields massive lesions in the lung, or
(C)when diagnosis is made by other means, would be a condition which could reasonably be expected to yield results described in clause
(A)or
(B)if diagnosis had been made in the manner prescribed in clause
(A)or (B), then there shall be an irrebuttable presumption that he is a totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis.12 as the case may be. 12So in law. The period should be a comma. ####
(4)if13 a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner's, his widow's, his child's, his parent's, his brother's, his sister's, or his dependent's claim under this title and it is interpreted as negative with respect to the requirements of paragraph
(3)of this subsection, 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 this death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife's affidavit may not be used by itself to establish the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner worked in an underground mine where he determines that conditions of a miner's employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The Secretary may rebut such presumption only by establishing that
(A)such miner does not, or did not, have pneumoconiosis, or that
(B)his respiratory of pulmonary impairment did not arise out of, or in connection with, employment in a coal mine. 13So in law. The word “if” should read “If” (see 86 Stat. 154). ####
(5)In the case of a miner who dies on or before the date of the enactment of the Black Lung Benefits Reform Act of 1977 who was employed for 25 years or more in one or more coal mines before June 30, 1971, the eligible survivors of such miner shall be entitled to the payment of benefits, at the rate applicable under section 412(a)(2), unless it is established that at the time of his or her death such miner was not partially or totally disabled due to pneumoconiosis. Eligible survivors shall, upon request by the Secretary, furnish such evidence as is available with respect to the health of the miner at the time of his or her death. The provisions of this paragraph shall not apply with respect to claims filed on or after the day that is 180 days after the effective date of the Black Lung Benefits Amendments of 1981. ###
(d)Nothing in subsection
(c)shall be deemed to affect the applicability of subsection
(a)in the case of a claim where the presumptions provided for therein are inapplicable. **[**[30 U.S.C. 921](/us/usc/t30/s921)**]** Enacted December 30, 1969, P.L. 91–173, title IV, sec. 411, 83 Stat. 793; amended May 19, 1972, P.L. 92–303, secs. 3(a) 4(b)(1), (3), (c), (d), 86 Stat. 153, 154; amended March 1, 1978, P.L. 95–239. sec. 3(a), 92 Stat. 96; amended December 29, 1981, P.L. 97–119, title II, secs. 202(b), 203(a)(5), 95 Stat. 1643–1644; amended August 15, 1994, P.L. 103–296, sec. 108(i)(2), 108 Stat. 1488; amended March 23, 2010, P.L. 111–148, sec. 1556(a), 124 Stat. 260.
Connectionstraces to 1
Traces to 1 document
U.S. Code
7 references not yet in our index
- 86 Stat. 154
- 83 Stat. 793
- 86 Stat. 153
- 92 Stat. 96
- 95 Stat. 1643
- 108 Stat. 1488
- 124 Stat. 260
Citation graph
cites case law
Sec. 411
### (a)
Stat.86 Stat. 154
Stat.83 Stat. 793
Stat.86 Stat. 153
Stat.92 Stat. 96
Stat.95 Stat. 1643
Cites 8 · showing 6Cited by 0 across 0 sources