C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart A—General

20 C.F.R. § 725.103

Burden of proof

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Except as otherwise provided in this part and part 718, the burden of proving a fact alleged in connection with any provision shall rest with the party making such allegation.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2001–2024 · leading case: Westmoreland Coal Co. v. Herskel Stallard, 876 F.3d 663 (4th Cir. 2017).
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Westmoreland Coal Co. v. Herskel Stallard, 876 F.3d 663 (4th Cir. 2017). “See 20 C.F.R. § 725.103 . in some cases, however, the Black Lung Act shifts the burden to the party opposing eligibility.”
Peabody Coal Co. v. Dir., Off. of Workers' Comp. Programs, 48 F. App'x 140 (6th Cir. 2002). “Accordingly, Dukes’s second claim was filed some seven years after his initial diagnosis.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.103 : This rule provides that any party raising an allegation bears the burden of proving facts in support of it, except as otherwise provided in this chapter.”
Apogee Coal Co. v. OWCP, 112 F.4th 343 (6th Cir. 2024). “See 20 C.F.R. §§ 725.103 , .410(b). As noted above, Arch failed to take any action in this claim to prove as much within the procedural requirements of the BLBA and accompanying regulations.”
Midland Coal Co. v. Dir., Off. of Workers' Comp. Programs, 358 F.3d 486 (7th Cir. 2004). “In addition, “[i]n determining whether total disability has been established, an ALJ must consider all relevant evidence on the issue of disability including medical opinions which are phrased in terms of total disability or provide a medical assessment of physical abilities or…”
Westmoreland Coal Co. v. Herskel Stallard (4th Cir. 2017). “See 20 C.F.R. § 725.103 . In some cases, however, the Black Lung Act shifts the burden to the party opposing eligibility.”
Island Creek Coal Co. v. Daniel Looney (4th Cir. 2024). “20 C.F.R. § 725.103 . Pneumoconiosis may be established by chest x-rays, biopsy or autopsy, or medical opinion evidence.”
Ispat/Inland, Inc. v. Dir. OWCP, 422 F. App'x 149 (3rd Cir. 2011). “See 20 C.F.R. § 725.103 ; Nat’l Mining Ass’n v.”
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