[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR410.110]

[Page 603-604]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 410_FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV_BLACK 
LUNG BENEFITS (1969	 )--Table of Contents
 
       Subpart A_Introduction, General Provisions, and Definitions
 
Sec. 410.110  General definitions and use of terms.

    For purposes of this part, except where the context clearly 
indicates otherwise, the following definitions apply:
    (a) The Act, means the Federal Coal Mine Health and Safety Act of 
1969 (Pub. L. 91-173), enacted December 30, 1969, as amended by the 
Black Lung Benefits Act of 1972 (Pub. L. 92-303), enacted May 19, 1972, 
and as may hereafter be amended.
    (b) Benefit means the black lung benefit provided under part B of 
title IV of the Act to coal miners, to surviving widows of miners, to 
the surviving child or children of a miner, or of a widow of a miner, to 
the surviving dependent parent or parents of a miner, and to the 
surviving dependent brother(s) or sister(s) of a miner.
    (c) Commissioner means the Commissioner of Social Security.
    (d) Administration means the Social Security Administration (SSA).
    (e) Appeals Council means the Appeals Council of the Social Security 
Administration or such member or members thereof as may be designated by 
the Chairman.
    (f) Administrative Law Judge means an Administrative Law Judge 
(SSA).
    (g) Coal mine means an area of land and all structures, facilities, 
machinery, tools, equipment, shafts, slopes, tunnels, excavations, and 
other property, real or personal, placed upon, under, or above the 
surface of such land by any person, used in, or to be used in, or 
resulting from, the work of extracting in such area bituminous coal, 
lignite, or anthracite from its natural deposits in the earth by any 
means or method, and the work of preparing the coal so extracted, and 
includes custom coal preparation facilities.
    (h) Underground coal mine means a coal mine in which the earth and 
other materials which lie above the natural deposit of coal (overburden) 
is not removed in mining. In addition to the natural deposits of coal in 
the earth, the underground mine includes all land, buildings and 
equipment appurtenant thereto.
    (i) Miner or coal miner means any individual who is working or has 
worked as an employee in a coal mine, performing functions in extracting 
the coal or preparing the coal so extracted.
    (j) The Nation's coal mines comprise all coal mines as defined in 
paragraph (h) of this section located in a State as defined in paragraph 
(l) of this section.
    (k) State includes a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Trust Territory of the Pacific Islands, and prior to 
January 3, 1959, and August 21, 1959, respectively, the Territories of 
Alaska and Hawaii.
    (l) Employee means an individual in a legal relationship (between 
the person for whom he performs services and himself) of employer and 
employee under the usual common-law rules.
    (1) Generally, such relationship exists when the person for whom 
services are performed has the right to control and direct the 
individual who performs the services, not only as to the result to be 
accomplished by the work but

[[Page 604]]

also as to the means by which that result is accomplished; that is, an 
employee is subject to the will and control of the employer not only as 
to what shall be done but how it shall be done. In this connection, it 
is not necessary that the employer actually direct or control the manner 
in which the services are performed; it is sufficient if he has the 
right to do so. The right to discharge is also an important factor 
indicating that the person possessing that right is an employer. Other 
factors characteristic of an employer, but not necessarily present in 
every case, are the furnishing of tools and the furnishing of a place to 
work to the individual who performs the services. In general, if an 
individual is subject to the control or direction of another merely as 
to the result to be accomplished by the work and not as to the means and 
methods for accomplishing the result, he is an independent contractor. 
An individual performing services as an independent contractor is not as 
to such services an employee under the usual common-law rules.
    (2) Whether the relationship of employer and employee exists under 
the usual common-law rules will in doubtful cases be determined upon an 
examination of the particular facts of each case.
    (m) The Social Security Act means the Social Security Act (49 Stat. 
620) as amended from time to time.
    (n) Pneumoconiosis means: (1) A chronic dust disease of the lung 
arising out of employment in the Nation's coal mines, and includes coal 
workers' pneumoconiosis, anthracosilicosis, anthracosis, 
anthrosilicosis, massive pulmonary fibrosis, progressive massive 
fibrosis, silicosis, or silicotuberculosis, arising out of such 
employment.


For purposes of this subpart, the term also includes the following 
conditions that may be the basis for application of the statutory 
presumption of disability or death due to pneumoconiosis under the 
circumstances prescribed in section 411(c) of the Act:
    (2) Any other chronic respiratory or pulmonary impairment when the 
conditions are met for the application of the presumption described in 
Sec. 410.414(b) or Sec. 410.454(b), and
    (3) Any respirable disease when the conditions are met for the 
application of the presumption described in Sec. 410.462.
    (o) A workmen's compensation law means a law providing for payment 
of compensation to an employee (and his dependents) for injury 
(including occupational disease) or death suffered in connection with 
his employment. A payment funded wholly out of general revenues and paid 
(without regard to insurance principles) solely on account of the 
financial need of the miner and his family, shall not be considered a 
payment under a workmen's compensation law.
    (p) Masculine gender includes the feminine, and the singular 
includes the plural.
    (q) Beneficiary means a miner or a surviving widow, child, parent, 
brother, or sister, who is entitled to a benefit as defined in paragraph 
(b) of this section.

[35 FR 5623, Apr. 7, 1970, as amended at 37 FR 20635, Sept. 30, 1972; 62 
FR 38452, July 18, 1997]