Readjudicating cases involving certain chest radiographs

Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.), as amended by section 103, is further amended by adding at the end the following: 436. Readjudicating cases involving discredited expert opinions (a) Definitions In this section: (1) Covered chest radiograph The term covered chest radiograph means a chest radiograph that was interpreted as negative for simple pneumoconiosis, complicated pneumoconiosis, or progressive massive fibrosis by a physician with respect to whom the Secretary has directed, in writing and after an evaluation by the Secretary, that such physician’s negative interpretations of chest radiographs not be credited, except where subsequently determined to be credible by the Secretary in evaluating a claim for benefits under this title. (2) Covered individual The term covered individual means an individual whose record for a claim for benefits under this title includes a covered chest radiograph. (3) Covered survivor The term covered survivor means an individual who— (A) is a survivor of a covered individual whose claim under this Act was still pending at the time of the covered individual’s death; and (B) continued to seek an award with respect to the covered individual’s claim after the covered individual’s death. (b) Claims A covered individual or a covered survivor whose claim for benefits under this title was denied may file a new claim for benefits under this title. (c) Adjudication on the merits (1) In general Any new claim filed under subsection (b) shall be adjudicated on the merits and shall not include consideration of a covered chest radiograph. (2) Covered survivor Any new claim filed under subsection (b) by a covered survivor shall be adjudicated as either a miner’s or a survivor’s claim depending upon the type of claim pending at the time of the covered individual’s death. (d) Time of payment (1) Miner’s claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a miner’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the filing of the denied claim that had included in its record a covered chest radiograph. (2) Survivor’s claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a survivor’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the miner’s death. (e) Contributing impact The Secretary shall have the discretion to deny a new claim under subsection (b) in circumstances where the party opposing such claim establishes through clear and convincing evidence that a covered chest radiograph did not contribute to the decision to deny benefits in all prior claims filed by the covered individual or the covered survivor. (f) Limitation on filing of new claims A new claim for benefits may be filed under subsection (b) only if the original claim was finally denied by a district director, an administrative law judge, or the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b))..