20 CFR 718.106 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of Workers' Compensation Programs, Department Of Labor (Part 700 To Parts 727-799) — Federal Coal Mine Health And Safety Act Of 1969, As Amended (§ 718.1 To Parts 727-799) — Standards For Determining Coal Miners' Total Disability Or Death Due To Pneumoconiosis (§ 718.1 To Appendix C To Part 718) — Criteria For The Development Of Medical Evidence (§ 718.101 To § 718.107) — Autopsy; biopsy.

(a) A report of an autopsy or biopsy submitted in connection with a claim shall include a detailed gross macroscopic and microscopic description of the lungs or visualized portion of a lung. If a surgical procedure has been performed to obtain a portion of a lung, the evidence shall include a copy of the surgical note and the pathology report of the gross and microscopic examination of the surgical specimen. If an autopsy has been performed, a complete copy of the autopsy report shall be submitted to the Office.

(b) In the case of a miner who died prior to March 31, 1980, an autopsy or biopsy report shall be considered even when the report does not substantially comply with the requirements of this section. A noncomplying report concerning a miner who died prior to March 31, 1980, shall be accorded the appropriate weight in light of all relevant evidence.

(c) A negative biopsy is not conclusive evidence that the miner does not have pneumoconiosis. However, where positive findings are obtained on biopsy, the results will constitute evidence of the presence of pneumoconiosis.