20 CFR 718.3 - Scope and intent of this part

Cite as20 CFR 718.3
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4190 practice notes
  • Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits
    • United States
    • Federal Register March 30, 2012
    • March 30, 2012
    ...change in Part 718's effective date. Finally, proposed Sec. 718.2(c) retains the fourth sentence of current Sec. 718.2 without alteration. 20 CFR 718.3 Scope and Intent of This Section 718.3 generally outlines the issues and statutory provisions the Part 718 criteria address. Current Sec. 7......
  • D.A. v. Bridger Coal Co.,, BRB 08-0500 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • October 26, 2009
    ...that the pneumoconiosis arose out of coal mine employment, and that the miner's pneumoconiosis was totally disabling. See 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any of these elements precludes a finding of entitlement, unless claimant is able to establish the exi......
  • Chappell v. Drummond Company, Inc., BRB 11-0290 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • January 31, 2012
    ...a preponderance of the evidence that he is totally disabled due to pneumoconiosis arising out of coal mine employment. 30 U.S.C. §901; 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any one of these elements precludes entitlement. Anderson v. Valley Camp of Utah, Inc., 1......
  • Young v. Island Creek Coal Co., BRB 09-0574 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 23, 2010
    ...claimant must establish that the miner was totally disabled due to pneumoconiosis arising out of coal mine employment. 30 U.S.C. §901; 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any one of these elements precludes entitlement. Anderson v. Valley Camp of Utah, Inc., 1......
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4202 cases
  • D.A. v. Bridger Coal Co.,, BRB 08-0500 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • October 26, 2009
    ...that the pneumoconiosis arose out of coal mine employment, and that the miner's pneumoconiosis was totally disabling. See 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any of these elements precludes a finding of entitlement, unless claimant is able to establish the exi......
  • Chappell v. Drummond Company, Inc., BRB 11-0290 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • January 31, 2012
    ...a preponderance of the evidence that he is totally disabled due to pneumoconiosis arising out of coal mine employment. 30 U.S.C. §901; 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any one of these elements precludes entitlement. Anderson v. Valley Camp of Utah, Inc., 1......
  • Young v. Island Creek Coal Co., BRB 09-0574 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 23, 2010
    ...claimant must establish that the miner was totally disabled due to pneumoconiosis arising out of coal mine employment. 30 U.S.C. §901; 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any one of these elements precludes entitlement. Anderson v. Valley Camp of Utah, Inc., 1......
  • Gunderson v. US Dept. of Labor, No. 08-9537.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 8, 2010
    ...demonstrate by a preponderance of the evidence that he is totally disabled due to pneumoconiosis arising out of coal mine employment. 20 C.F.R. §§718.3, 718.202, 718.203, 718.204. Failure to establish any one of these elements precludes entitlement. Anderson v. Valley Camp of Utah, Inc., 12......
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