§ 718.205. Death due to pneumoconiosis.
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/us/cfr/t20/s§ 718.205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis. In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that:
(1)The miner had pneumoconiosis (see § 718.202);
(2)The miner's pneumoconiosis arose out of coal mine employment (see § 718.203); and
(3)The miner's death was due to pneumoconiosis as provided by this section.
(b)Death will be considered to be due to pneumoconiosis if any of the following criteria is met:
(1)Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or
(2)Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or
(3)Where the presumption set forth at § 718.304 is applicable, or
(4)For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at § 718.305 is invoked and not rebutted.
(5)However, except where the § 718.304 presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death.
(6)Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death. [78 FR 59114, Sept. 25, 2013]
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§ 718.205
Death due to pneumoconiosis.
Fed. Reg.×8
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