20 CFR §718.205
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis. In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that:
- (b)Death will be considered to be due to pneumoconiosis if any of the following criteria is met:
- (1)Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or
- (2)Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or
- (3)Where the presumption set forth at § 718.304 is applicable, or
- (4)For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at § 718.305 is invoked and not rebutted.
- (5)However, except where the § 718.304 presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death.
- (6)Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death.