20 C.F.R. § 220.10

Disability for work in an employee's regular railroad occupation

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(a) In order to receive an occupational disability annuity an eligible employee must be found by the Board to be disabled for work in his or her regular railroad occupation because of a permanent physical or mental impairment. In this subpart the Board describes in general terms how it evaluates a claim for an occupational disability annuity. In accordance with section 2(a)(2) of the Railroad Retirement Act this subpart was developed with the cooperation of employers and employees. This subpart is supplemented by an Occupational Disability Claims Manual (Manual) 1 which was also developed with the cooperation of employers and employees.

1 The Manual may be obtained from the Board's headquarters at 844 North Rush Street, Chicago, IL 60611.

(b) In accordance with section 2(a)(2) of the Railroad Retirement Act, the Board shall select two physicians, one from recommendations made by representatives of employers and one from recommendations made by representatives of employees. These individuals shall comprise the Occupational Disability Advisory Committee (Committee). This Committee shall periodically review, as necessary, this subpart and the Manual and make recommendations to the Board with respect to amendments to this subpart or to the Manual. The Board shall confer with the Committee before it amends either this subpart or the Manual.

[63 FR 7541, Feb. 13, 1998]

Notes of Decisions

Cited in 3 cases, 1991–2017 · leading case: United States v. Rutigliano, Lesniewski, Baran

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United States v. Rutigliano, Lesniewski, Baran (2015) ca2 “See 20 C.F.R. §§ 220.10 , 220.13; see also Trial Tr.”

John E. HARRIS, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent (1991) ca2 “11, which was in effect when the Board rendered its decision, is now found at 20 CFR § 220.10 . The new section contains substantially the same definition.”

United States v. Rutigliano Lesniewski v. United States (2017) ca2 “” 20 C.F.R. § 220.10 . Rutigliano’s proposed language, which suggests that an employee is entitled to occupational disability if there is a single task that he cannot perform, appears instead in “governing principles” adopted by the Labor-Management Joint Committee on Railroad…”

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