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Irrebuttable presumption of total disability or death due to pneumoconiosis

Cited in 230 Amendments 1 Related
Vincent
CurrencyCurrent through May 31, 2023
Citation 20 C.F.R. §718.304
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2 cases
  • Horton v. Dickenson-Russell Coal Co.
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 18, 2023
    ...lung;[3] or (c) when diagnosed by other means, is a condition that would yield results equivalent to (a) or (b). 30 U.S.C. §921(c)(3); 20 C.F.R. §718.304. determining whether Claimant has invoked the irrebuttable presumption, the ALJ must weigh all evidence relevant to the presence or absen......
  • Pack v. Consol of Ky., Inc.
    • United States
    • Court of Appeals of Black Lung Complaints
    • August 15, 2023
    ...The ALJ credited the Miner with twenty years of coal mine employment and found Claimant established complicated pneumoconiosis.[2] 20 C.F.R. §718.304. Thus he Claimant invoked the irrebuttable presumption of total disability due to pneumoconiosis at Section 411(c)(3) of the Act and establis......

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