Neither the Act nor the relevant regulations thoroughly describe the required causal nexus between the miner's pneumoconiosis and eligibility for medical benefits.
The regulations only address the provision of medical benefits briefly, stating that the miner shall receive medical treatment "for such periods as the nature of the miner's pneumoconiosis and ancillary pulmonary conditions and disability require.
The Department of Labor has proposed new regulations that expressly adopt the Doris Coal presumption by adding another clause to the medical benefits section creating a rebuttable presumption that a pulmonary disorder in the miner is caused or aggravated by the miner's pneumoconiosis.
66) Of course, the pulmonary care will not always relate to the miner's pneumoconiosis, so the presumption is rebuttable.
The Act's expansive definition of pneumoconiosis reinforces the Doris Coal presumption that pulmonary care relates to the miner's pneumoconiosis.
8, 1999) ("If a miner receives a medical service or supply, as described in this section, for any pulmonary disorder, there shall be a rebuttable presumption that the disorder is caused or aggravated by the miner's pneumoconiosis.