30 U.S.C. § 902 : US Code - Section 902: Definitions

Search 30 U.S.C. § 902 : US Code - Section 902: Definitions

For purposes of this subchapter -
(a) The term "dependent" means -
(1) a child as defined in subsection (g) of this section
without regard to subparagraph (2)(B)(ii) thereof; or
(2) a wife who is a member of the same household as the miner,
or is receiving regular contributions from the miner for her
support, or whose husband is a miner who has been ordered by a
court to contribute to her support, or who meets the requirements
of section 416(b)(1) or (2) of title 42. The determination of an
individual's status as the "wife" of a miner shall be made in
accordance with section 416(h)(1) of title 42 as if such miner
were the "insured individual" referred to therein. The term
"wife" also includes a "divorced wife" as defined in section
416(d)(1) of title 42 who is receiving at least one-half of her
support, as determined in accordance with regulations prescribed
by the Secretary, from the miner, or is receiving substantial
contributions from the miner (pursuant to a written agreement),
or there is in effect a court order for substantial contributions
to her support from such miner.
(b) The term "pneumoconiosis" means a chronic dust disease of the
lung and its sequelae, including respiratory and pulmonary
impairments, arising out of coal mine employment.
(c) The term "Secretary", except where expressly otherwise
provided, means the Secretary of Labor.
(d) The term "miner" means any individual who works or has worked
in or around a coal mine or coal preparation facility in the
extraction or preparation of coal. Such term also includes an
individual who works or has worked in coal mine construction or
transportation in or around a coal mine, to the extent such
individual was exposed to coal dust as a result of such employment.
(e) The term "widow" includes the wife living with or dependent
for support on the miner at the time of his death, or living apart
for reasonable cause or because of his desertion, or who meets the
requirements of section 416(c)(1), (2), (3), (4), or (5),(!1) and
section 416(k) of title 42, who is not married. The determination
of an individual's status as the "widow" of a miner shall be made
in accordance with section 416(h)(1) of title 42 as if such miner
were the "insured individual" referred to therein. Such term also
includes a "surviving divorced wife" as defined in section
416(d)(2) of title 42 who for the month preceding the month in
which the miner died, was receiving at least one-half of her
support, as determined in accordance with regulations prescribed by
the Secretary, from the miner, or was receiving substantial
contributions from the miner (pursuant to a written agreement) or
there was in effect a court order for substantial contributions to
her support from the miner at the time of his death.
(f)(1) The term "total disability" has the meaning given it by
regulations of the Secretary of Health and Human Services, which
were in effect on November 2, 2002, for claims under part B of this
subchapter, and by regulations of the Secretary of Labor for claims
under part C of this subchapter, subject to the relevant provisions
of subsections (b) and (d) of section 923 of this title, except
that -
(A) in the case of a living miner, such regulations shall
provide that a miner shall be considered totally disabled when
pneumoconiosis prevents him or her from engaging in gainful
employment requiring the skills and abilities comparable to those
of any employment in a mine or mines in which he or she
previously engaged with some regularity and over a substantial
period of time;
(B) such regulations shall provide that (i) a deceased miner's
employment in a mine at the time of death shall not be used as
conclusive evidence that the miner was not totally disabled; and
(ii) in the case of a living miner, if there are changed
circumstances of employment indicative of reduced ability to
perform his or her usual coal mine work, such miner's employment
in a mine shall not be used as conclusive evidence that the miner
is not totally disabled;
(C) such regulations shall not provide more restrictive
criteria than those applicable under section 423(d) of title 42;
and
(D) the Secretary of Labor, in consultation with the Director
of the National Institute for Occupational Safety and Health,
shall establish criteria for all appropriate medical tests under
this subsection which accurately reflect total disability in coal
miners as defined in subparagraph (A).
(2) Criteria applied by the Secretary of Labor in the case of -
(A) any claim arising under part B of this subchapter or
subject to a determination by the Secretary of Labor under
section 945(a) (!1) of this title;
(B) any claim which is subject to review by the Secretary of
Labor under section 945(b) (!1) of this title; and
(C) any claim filed on or before the effective date of
regulations promulgated under this subsection by the Secretary of
Labor;
shall not be more restrictive than the criteria applicable to a
claim filed on June 30, 1973, whether or not the final disposition
of any such claim occurs after the date of such promulgation of
regulations by the Secretary of Labor.
(g) The term "child" means a child or a step-child who is -
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in section 423(d) of title
42,
(ii) which began before the age specified in section
402(d)(1)(B)(ii) of title 42, or, in the case of a student,
before he ceased to be a student; or
(C) a student.
The term "student" means a "full-time student" as defined in
section 402(d)(7) of title 42, or a "student" as defined in section
8101(17) of title 5. The determination of an individual's status as
the "child" of the miner or widow, as the case may be, shall be
made in accordance with section 416(h)(2) or (3) of title 42 as if
such miner or widow were the "insured individual" referred to
therein.
(h) The term "fund" means the Black Lung Disability Trust Fund
established by section 9501 of title 26.
(i) For the purposes of subsections (c) and (j) of section 932 of
this title, and for the purposes of paragraph (7) of subsection (d)
of section 9501 of title 26, the term "claim denied" means a claim -

(1) for benefits under part B of this subchapter that was
denied by the official responsible for administration of such
part; or
(2) in which (A) the claimant was notified by the Department of
Labor of an administrative or informal denial more than 1 year
prior to March 1, 1978, and did not, within 1 year from the date
of notification of such denial, request a hearing, present
additional evidence or indicate an intention to present
additional evidence, or (B) the claim was denied under the law in
effect prior to March 1, 1978, following a formal hearing or
administrative or judicial review proceeding.