Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 20 - Employees' Benefits |
Chapter VI - Office of Workers' Compensation Programs, Department of Labor |
SubChapter B - Federal Coal Mine Health and Safety Act of 1969, as Amended |
Part 718 - Standards for Determining Coal Miners' Total Disability or Death Due to Pneumoconiosis |
Subpart E - Miscellaneous Provisions |
§ 718.401 - Right to obtain evidence.
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Each miner who files a claim for benefits under the Act shall be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation. Accordingly, the Office shall assist each claimant in obtaining the evidence, including medical evidence, necessary for a complete adjudication of a claim. In the case of a miner's claim, initial medical tests and examinations shall be arranged for the miner by the Office, at no cost to the miner (See §§ 725.405 and 725.406 of this subchapter). If a conflict in medical evidence is determined to exist by the district director or if a miner is dissatisfied with the results of medical evidence obtained by the district director, additional medical evidence may be obtained by the miner or the district director, as provided in § 725.407 of this subchapter.