Page:United States Statutes at Large Volume 92 Part 1.djvu/151

 PUBLIC LAW 95-239—MAR. 1, 1978

92 STAT. 97

(2) Section 414(e) of the Act is amended by striking out "or" the 30 USC 924, second place it appears therein and by striking out the period at the end thereof and inserting in lieu thereof the following: ", or (3) any such individual is entitled to benefits under paragraph (5) of section Ante, p. 96. 411(c).". (3) Section 421(a) of the Act is amended by inserting after "pneu- 30 USC 931. moconiosis" the second place it appears therein the following: ", and in any case in which benefits based upon eligibility under paragraph (5) of section 411(c) are involved.". (4) The first sentence of section 422(a) of the Act is amended by 30 USC 932. inserting before the period at the end thereof the following: ", or with respect to entitlements established in paragraph (5) of section 411(c)". OFFSET LIMITATION

SEC. 4. The first sentence of section 412(b) of the Act is amended by inserting after "disability of such miner" the following: "due to pneumoconiosis".

30 USC 922.

EVIDENCE REQUIRED TO ESTABLISH CLAIM

SEC. 5. (a) Section 413(b) of the Act is amended by inserting after the second sentence thereof the following new sentences: "Where there is no medical or other relevant evidence in the case of a deceased miner, such affidavits shall be considered to be sufficient to establish that the miner was totally disabled due to pneumoconiosis or that his or her death was due to pneumoconiosis. In any case in which there is other evidence that a miner has a pulmonary or respiratory impairment, the Secretary shall accept a board certified or board eligible radiologist's interpretation of a chest roentgenogram which is of a quality sufficient to demonstrate the presence of pneumoconiosis submitted in support of a claim for benefits under this title if such roentgenogram has been taken by a radiologist or qualified technician, except where the Secretary has reason to believe that the claim has been fraudulently represented. In order to insure that any such roentgenogram is of adequate quality to demonstrate the presence of pneumoconiosis, and in order to provide for uniform quality in the roentgenograms, the Secretary of Labor may, by regulation, establish specific requirements for the techniques used to take roentgenograms of the chest. Unless the Secretary has good cause to believe that an autopsy report is not accurate, or that the condition of the miner is being fraudulently misrepresented, the Secretary shall accept such autopsy report concerning the presence of pneumoconiosis and the stage of advancement of pneumoconiosis.". (b) Section 413(b) of the Act, as amended in subsection (a), is further amended by adding at the end thereof the following new sentence: "Each miner who files a claim for benefits under this title shall upon request be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation.". (c) The fifth sentence of section 413(b) of the Act is amended by striking out " (f), " and by striking out "and (1)," and inserting in lieu thereof "(1),and (n),". (d) Section 413 of the Act is amended by adding at the end thereof the following new subsection: "(d) No miner who is engaged in coal mine employment shall (except as provided in section 411(c)(3)) be entitled to any bene-

30 USC 923.

Roentgenogram techniques, regulations.

Benefits entitlement, limitation. 30 USC 921.

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