20 C.F.R. § 410.412 “Total disability” defined.
Title 20 - Employees' Benefits
(a) A miner shall be considered totally disabled due to pneumoconiosis if: (1) His pneumoconiosis prevents him from engaging in gainful work in the immediate area of his residence requiring the skills and abilities comparable to those of any work in a mine or mines in which he previously engaged with some regularity and over a substantial period of time (that is, “comparable and gainful work”; see §§410.424 through 410.426); and (2) His impairment can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months. (b) A miner shall be considered to have been totally disabled due to pneumoconiosis at the time of his death, if at the time of his death: (1) His pneumoconiosis prevented him from engaging in gainful work in the immediate area of his residence requiring the skills and abilities comparable to those of any work in a mine or mines in which he previously engaged with some regularity and over a substantial period of time (that is, “comparable and gainful work”; see §§410.424 through 410.426); and (2) His impairment was expected to result in death, or it lasted or was expected to last for a continuous period of not less than 12 months.
Title 20: Employees' Benefits
PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969– )
Subpart D—Total Disability or Death Due to Pneumoconiosis
§ 410.412 “Total disability” defined.
