28 C.F.R. § 104.21

Current through May 31, 2024
Section 104.21 - Presumptively covered conditions
(a)In general. The Special Master shall maintain and publish on the Fund's Web site a list of presumptively covered conditions that resulted from the terrorist-related air crashes of September 11, 2001, or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. The list shall consist of the WTC-Related Physical Health Conditions that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. Group B claims shall be eligible for compensation only if the Special Master determines based on the evidence presented that a claimant who seeks compensation for physical harm has at least one WTC-Related Physical Health Condition, with respect to a deceased individual, the cause of such individual's death is determined at least in part to be attributable to a WTC-Related Physical Health Condition.
(b)Updates. The Special Master shall update the list of presumptively covered conditions to conform to any changes in the WTC-Related Physical Health Conditions. Claims may then be amended pursuant to §104.22(e)(ii).
(c)Conditions other than presumptively covered conditions. A claimant may also be eligible for payment under §104.51 where the claimant has at least one WTC-Related Physical Health Condition and the Special Master determines that the claimant-
(1) Has a physical injury to the body that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes or presents extraordinary circumstances; and
(2) Is otherwise eligible for payment.

28 C.F.R. § 104.21

81 FR 30182, 6/15/2016