20 C.F.R. § 725.2

Purpose and applicability of this part

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(a) This part sets forth the procedures to be followed and standards to be applied in filing, processing, adjudicating, and paying claims filed under part C of subchapter IV of the Act.

(b) This part applies to all claims filed under part C of subchapter IV of the Act on or after June 30, 1982. Publication of certain provisions or parts of certain provisions that apply only to claims filed prior to June 30, 1982, or to claims subject to Section 435 of the Act, has been discontinued because those provisions affect an increasingly smaller number of claims. The version of Part 725 set forth in 20 CFR, parts 500 to end, edition revised as of April 1, 2010, applies to the adjudication of all claims filed prior to June 30, 1982, as appropriate.

(c) The provisions of this part reflect revisions that became effective on January 19, 2001. This part applies to all claims filed after January 19, 2001 and all benefits payments made on such claims. With the exception of the following sections, this part also applies to the adjudication of claims that were pending on January 19, 2001 and all benefits payments made on such claims: §§ 725.101(a)(31), 725.204, 725.212(b), 725.213(c), 725.214(d), 725.219(d), 725.309, 725.310, 725.351, 725.360, 725.367, 725.406, 725.407, 725.408, 725.409, 725.410, 725.411, 725.412, 725.414, 725.415, 725.416, 725.417, 725.418, 725.421(b), 725.423, 725.454, 725.456, 725.457, 725.458, 725.459, 725.465, 725.491, 725.492, 725.493, 725.494, 725.495, 725.547, 725.701(e). The version of those sections set forth in 20 CFR, parts 500 to end, edition revised as of April 1, 1999, apply to the adjudications of claims that were pending on January 19, 2001. For purposes of construing the provisions of this section, a claim will be considered pending on January 19, 2001 if it was not finally denied more than one year prior to that date.

[78 FR 59117, Sept. 25, 2013]

Notes of Decisions

Cited in 24 cases, 1981–2019 · leading case: Kentland Elkhorn Coal Corp. v. Noah Hall Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 287 F.3d 555 (6th Cir. 2002).

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Kentland Elkhorn Coal Corp. v. Noah Hall Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 287 F.3d 555 (6th Cir. 2002). · cites it 3× “See 20 C.F.R. § 725.2 (2001). According to 20 C.”

Crowe Ex Rel. Crowe v. Zeigler Coal Co., 646 F.3d 435 (7th Cir. 2011). · cites it 2× “20, 2000); 20 C.F.R. § 725.2 (c) (2010); Zeigler Coal Co.”

The Daniels Co., Inc. v. Freda Mitchell, Surviving Spouse of James Mitchell Dir., Off. of Workers' Comp. Programs, 479 F.3d 321 (4th Cir. 2007). · cites it 2× “See 20 C.F.R. § 725.2 (c) (2006). As a result, the revisions to the black lung regulations govern the issue of whether Mitchell is entitled to black lung benefits under the Act but not the issue of whether Daniels was properly designated the responsible operator liable for the…”

Sharpe v. Dir., Off. of Workers' Comp. Programs, 495 F.3d 125 (4th Cir. 2007). “See 20 C.F.R. § 725.2 (c) (limiting application of those sections (among others) as amended to claims initiated on or after January 19, 2001).”

Grundy Mining Co. v. Douglas W. Flynn & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 353 F.3d 467 (6th Cir. 2004). “See 20 C.F.R. § 725.2 (c); 65 Fed.Reg. at 80057.”

Lawyer Disciplinary Bd. v. Smoot, 716 S.E.2d 491 (W. Va. 2010). “See 20 C.F.R. § 725.2 (2003). 6 . Under the regulations that apply to Mr.”

Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019). “20 C.F.R. § 725.2 ("This part applies to all claims filed after January 19, 2001 and all benefits payments made on such claims.”

Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002). “See also 20 C.F.R. § 725.2 (setting forth the applicability of the provisions).”

Glen Coal Co. v. Dir., Off. of Workers' Comp. Programs, 77 F. App'x 878 (6th Cir. 2003). · cites it 2× “20 C.F.R. § 725.2 . Glen Coal had again argued in its motion for reconsideration that the ALJ had failed to follow the dictates of Seals I.”

Imogene Shepherd v. Incoal, Inc., 915 F.3d 392 (6th Cir. 2019). “See 20 C.F.R. § 725.2 (c). Discounting the months that the miner himself indicated he had not worked in the coal mines, the BRB determined that Tramble Shepherd could be credited with only 14.”

Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.2 (c): This rule provides that 20 C.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Joaquin Gurule, 653 F.2d 1368 (10th Cir. 1981). “20 CFR § 725.2 (b). See also 20 CFR § 727.”

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