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 subchapter 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) Promulgation of standards determining total disability
The Secretary shall by regulation prescribe standards for
determining for purposes of subsection (a) of this section
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 December 30, 1969, and in no event later
than the end of the third month following December 1969. Final
regulations required for implementation of any amendments to this
subchapter 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) Presumptions
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 a 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 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. (FOOTNOTE 1) as the case may be.
(FOOTNOTE 1) So in original. The period probably should be a
comma.
(4) if (FOOTNOTE 2) 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 subchapter 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 his 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 work 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 or pulmonary impairment did not arise
out of, or in connection with, employment in a coal mine. 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.
(FOOTNOTE 2) So in original. Probably should be capitalized.
(5) In the case of a miner who dies on or before March 1,
1978, 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 922(a)(2)
of this title, 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) Applicability of presumptions
Nothing in subsection (c) of this section shall be deemed to
affect the applicability of subsection (a) of this section in the
case of a claim where the presumptions provided for therein are
inapplicable.