20 C.F.R. §718.204 - Total disability and disability causation defined; criteria for determining total disability and total disability due to pneumoconiosis

Cite as20 C.F.R. §718.204
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8123 cases
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...20 C.F.R. §§718.202(a), 718.203(b). She further found Claimant is totally disabled due to pneumoconiosis and awarded benefits. 20 C.F.R. §718.204(b)(2), (c). On appeal, Employer argues the administrative law judge erred in finding it is the responsible operator. It also contends the adminis......
  • D.A. v. Bridger Coal Co.,, BRB 08-0500 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • October 26, 2009
    ...findings as to whether the evidence established total disability due to pneumoconiosis and death due to pneumoconiosis pursuant to 20 C.F.R. §§718.204(c)(2000) and 718.205(c). [2] In addition, employer alleged that the administrative law judge erred in determining the onset date of benefits......
  • Chappell v. Drummond Company, Inc., BRB 11-0290 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • January 31, 2012
    ...On the merits, the administrative law judge found that the evidence did not establish total respiratory disability pursuant to 20 C.F.R §718.204(b)(2)(i)-(iv). The administrative law judge also found that, because the evidence did not establish total respiratory disability, claimant was not......
  • Young v. Island Creek Coal Co., BRB 09-0574 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 23, 2010
    ...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., 12 BLR 1-111 (1989). Where a miner......
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