410.412—“Total disability” defined.
(1)
His pneumoconiosis prevents him from engaging in gainful work in the immediate area of his residence requiring the skills and abilities comparable to those of any work in a mine or mines in which he previously engaged with some regularity and over a substantial period of time (that is, “comparable and gainful work”; see §§ 410.424 through 410.426); and
(2)
His impairment can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.
(b)
A miner shall be considered to have been totally disabled due to pneumoconiosis at the time of his death, if at the time of his death:
(1)
His pneumoconiosis prevented him from engaging in gainful work in the immediate area of his residence requiring the skills and abilities comparable to those of any work in a mine or mines in which he previously engaged with some regularity and over a substantial period of time (that is, “comparable and gainful work”; see §§ 410.424 through 410.426); and
(2)
His impairment was expected to result in death, or it lasted or was expected to last for a continuous period of not less than 12 months.