Who may be paid the pneumoconiosis compensation pension, and what must be true of the disease and of the worker's employment?
General information · Not legal advice
Material to check
In a practice file we read the special doctor's diagnosis or the occupational disease determination naming pneumoconiosis, the employment and dust-exposure records showing the work the worker did, and the disability grade determination, since the amount depends on the grade assigned to the worker.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the paragraph's scope at face value: the pension is paid to a worker who has contracted pneumoconiosis as an occupational disease, so both conditions must hold — the disease must be pneumoconiosis, and it must be one the law recognises as caused by the worker's job.
Another reading notes that the paragraph names the eligible person but does not say how the occupational character of the disease is to be shown, when the disease is deemed to have been contracted, or whether a grade must already have been fixed before payment starts, leaving those questions to other parts of the Act and the file.
Your judgment
Where a worker was exposed to dust both at and away from work, what in the file would show that the pneumoconiosis was the occupational disease this paragraph covers?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the Act is amended to change who counts as a pneumoconiosis worker or to bring other conditions within the pension, or if a court decision sets how the occupational character of the disease is proved.