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:
The miner had pneumoconiosis (see § 718.202);
The miner's pneumoconiosis arose out of coal mine employment (see § 718.203); and
The miner's death was due to pneumoconiosis as provided by this section.
Death will be considered to be due to pneumoconiosis if any of the following criteria is met:
Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or
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
Where the presumption set forth at § 718.304 is applicable, or
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.
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.
Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death.
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