The ACA revived a rebuttable presumption of total disability or death due to pneumoconiosis for certain claims. Also, it reinstituted derivative entitlement to benefits for certain eligible survivors of coal miners whose lifetime benefits claims were awarded because they were totally disabled due to pneumoconiosis. These survivors need not also prove that the miner died due to coal workers' pneumoconiosis. The proposed rules would clarify how the statutory presumption may be invoked and rebutted and the application and scope of the derivative-survivor-entitlement provision. The department is accepting written comments until May 29. Those with questions should contact Michael McClaran at (202) 693-0978.
For more information, visit www.gpo.gov/fdsys/pkg/FR-2012-03-30/html/2012-7335.htm.
Read more at the WorkersComp Forum homepage.
May 14, 2012
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