(a) Miner defined. A ``miner'' for the purposes of this part is any person who works or has worked in or around a coal mine or coal preparation facility in the extraction, preparation, or transportation of coal, and any person who works or has worked in coal mine construction or maintenance in or around a coal mine or coal preparation facility. A coal mine construction or transportation worker shall be considered a miner to the extent such individual is or was exposed to coal mine dust as a result of employment in or around a coal mine or coal preparation facility. In the case of an individual employed in coal transportation or coal mine construction, there shall be a rebuttable presumption that such individual was exposed to coal mine dust during all periods of such employment occurring in or around a coal mine or coal preparation facility for purposes of:
(1) Determining whether such individual is or was a miner; (2) establishing the applicability of any of the presumptions described in section 411(c) of the Act and part 718 of this subchapter; and (3) determining the identity of a coal mine operator liable for the payment of benefits in accordance with 725.493. The presumption may be rebutted by evidence which demonstrates:
(i) That the individual was not regularly exposed to coal mine dust during his or her employment in or around a coal mine or preparation facility; or (ii) that the individual was not regularly employed in or around a coal mine or coal preparation facility. An individual employed by a coal mine operator, regardless of the nature of such individual's employment, shall be considered a miner unless such individual was not employed in or around a coal mine or coal preparation facility.
A person who is or was a self-employed miner or independent contractor, and who otherwise meets the requirements of this paragraph, shall be considered a miner for the purposes of this part (see 725.494).
(b) Conditions of entitlement; miner. An individual is eligible for benefits under this subchapter if the individual:
(1) Is a miner as defined in this section; and
(2) Is totally disabled due to pneumoconiosis (see part 718 of this subchapter; see also 725.503A); and
(3) Has filed a claim for benefits in accordance with the provisions of this part.