§ 718.304. Irrebuttable presumption of total disability or death due to pneumoconiosis.
206 words·~1 min read·
/us/cfr/t20/s§ 718.304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is an irrebuttable presumption that a miner is totally disabled due to pneumoconiosis, that a miner's death was due to pneumoconiosis or that a miner was totally disabled due to pneumoconiosis at the time of death, if such miner is suffering or suffered from a chronic dust disease of the lung which:
(a)When diagnosed by chest X-ray (see § 718.202 concerning the standards for X-rays and the effect of interpretations of X-rays by physicians) yields one or more large opacities (greater than one centimeter in diameter) and would be classified in Category A, B, or C in accordance with the classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses as provided in § 718.102(d); or
(b)When diagnosed by biopsy or autopsy, yields massive lesions in the lung; or
(c)When diagnosed by means other than those specified in paragraphs
(a)and
(b)of this section, would be a condition which could reasonably be expected to yield the results described in paragraph
(a)or
(b)of this section had diagnosis been made as therein described: Provided, however, that any diagnosis made under this paragraph must accord with acceptable medical procedures. [79 FR 21613, Apr. 17, 2014]
Connections4 cite this
Citation graph
cites case law
§ 718.304
Irrebuttable presumption of total disability or death due to pneumoconiosis.
Fed. Reg.×4
Cites 0Cited by 4 across 1 source