To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:
(a) The claimant was employed as a miner in a specified state;
(b) The claimant was so employed at any time during the period beginning on January 1, 1942, and ending on December 31, 1971;
(c) The claimant was exposed during the course of his or her mining employment to 40 or more working level months of radiation or worked for at least one year in a uranium mine or mines during the period identified in paragraph (b) of this section; and
(d) The claimant contracted lung cancer or a nonmalignant respiratory disease following such exposure.
authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (
42 U.S.C. 2210 note;
5 U.S.C. 500(b))
source: Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted.
cite as: 28 CFR 79.42