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 B—Persons Entitled to Benefits, Conditions, and Duration of Entitlement

20 C.F.R. § 725.202

Miner defined; condition of entitlement, miner

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Miner defined. A “miner” for the purposes of this part is any person who works or has worked in or around a coal mine or coal preparation facility in the extraction, preparation, or transportation of coal, and any person who works or has worked in coal mine construction or maintenance in or around a coal mine or coal preparation facility. There shall be a rebuttable presumption that any person working in or around a coal mine or coal preparation facility is a miner. This presumption may be rebutted by proof that:

(1) The person was not engaged in the extraction, preparation or transportation of coal while working at the mine site, or in maintenance or construction of the mine site; or

(2) The individual was not regularly employed in or around a coal mine or coal preparation facility.

(b) Coal mine construction and transportation workers; special provisions. A coal mine construction or transportation worker shall be considered a miner to the extent such individual is or was exposed to coal mine dust as a result of employment in or around a coal mine or coal preparation facility. A transportation worker shall be considered a miner to the extent that his or her work is integral to the extraction or preparation of coal. A construction worker shall be considered a miner to the extent that his or her work is integral to the building of a coal or underground mine (see § 725.101(a)(12), (30)).

(1) There shall be a rebuttable presumption that such individual was exposed to coal mine dust during all periods of such employment occurring in or around a coal mine or coal preparation facility for purposes of:

(i) Determining whether such individual is or was a miner;

(ii) Establishing the applicability of any of the presumptions described in section 411(c) of the Act and part 718 of this subchapter; and

(iii) Determining the identity of a coal mine operator liable for the payment of benefits in accordance with § 725.495.

(2) The presumption may be rebutted by evidence which demonstrates that:

(i) The individual was not regularly exposed to coal mine dust during his or her work in or around a coal mine or coal preparation facility; or

(ii) The individual did not work regularly in or around a coal mine or coal preparation facility.

(c) A person who is or was a self-employed miner or independent contractor, and who otherwise meets the requirements of this paragraph, shall be considered a miner for the purposes of this part.

(d) Conditions of entitlement; miner. An individual is eligible for benefits under this subchapter if the individual:

(1) Is a miner as defined in this section; and

(2) Has met the requirements for entitlement to benefits by establishing that he or she:

(i) Has pneumoconiosis (see § 718.202), and

(ii) The pneumoconiosis arose out of coal mine employment (see § 718.203), and

(iii) Is totally disabled (see § 718.204(c)), and

(iv) The pneumoconiosis contributes to the total disability (see § 718.204(c)); and

(3) Has filed a claim for benefits in accordance with the provisions of this part.

Notes of Decisions
Cited in 90 cases (20 in the last 5 years), 1982–2026 · leading case: Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
Sort: Relevance Newest Treatment
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). · cites it 2× “” 20 C.F.R. § 725.202 (d)(2). Regulations also establish a framework for identifying the coal-mine “operator” who should be on the hook for paying the benefits.”
Zurich Am. Ins. Grp. v. Duncan Ex Rel. Duncan, 889 F.3d 293 (6th Cir. 2018). · cites it 4× “20 C.F.R. § 725.202 (d) ; Big Branch Res.”
Bridger Coal Co./Pac. Minerals, Inc. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 927 F.2d 1150 (10th Cir. 1991). · cites it 5× “20 C.F.R. § 725.202 (a). This presumption may be rebutted by evidence demonstrating the “individual was not regularly exposed to coal mine dust during his or her employment in or around a coal mine or preparation facility.”
Island Creek Coal Co. v. Larry Young, 947 F.3d 399 (6th Cir. 2020). · cites it 3× “3d at 257 (citing 20 C.F.R. § 725.202 (d)(2)). One critical benchmark for establishing eligibility under the Act is whether the miner was employed in underground or substantially similar coal mining for at least fifteen years.”
Big Branch Resources, Inc. v. John Ogle, 737 F.3d 1063 (6th Cir. 2013). · cites it 2× “See 20 C.F.R. § 725.202 (d); see also Buck Creek Coal Co.”
Island Creek Coal Co. v. Jay Wilkerson, 910 F.3d 254 (6th Cir. 2018). “" 20 C.F.R. § 725.202 (d)(2). Administrative regulations and case law guide the process further.”
Antelope Coal Co./Rio Tinto Energy Am. v. Goodin, 743 F.3d 1331 (10th Cir. 2014). · cites it 3× “See 20 C.F.R. §§ 725.202 (d)(2), 718.204(c)(1); 30 U.”
Island Creek Coal Co. v. Elizabeth Maynard, 87 F.4th 802 (6th Cir. 2023). · cites it 3× “at 297 ; 20 C.F.R. § 725.202 (d). If a claimant establishes that they were a “miner engaged in coal-mine employment for fifteen years” in “underground coal mines, or in coal mines other than underground mines in conditions substantially similar to those in underground mines,” 20…”
Westmoreland Coal Co. v. Herskel Stallard, 876 F.3d 663 (4th Cir. 2017). “20 C.F.R. § 725.202 (d). Under applicable Department of Labor (“Labor Department”) regulations, black lung disease is defined as “a chronic dust disease- of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.”
Williamson Shaft Contracting Co. v. Charles K. Phillips & Benefits Review Bd., United States Dep't of Labor, 794 F.2d 865 (3rd Cir. 1986). · cites it 6× “” 20 C.F.R. § 725.202 (a) (1978). Appellant, Williamson Shaft Construction Company (“Williamson”), a coal mine construction company required by the Benefits Review Board to pay Black Lung benefits to a former employee, alleges that the regulation constitutes an unwarranted and…”
Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019). · cites it 2× “§ 902 (d) ; see also 20 C.F.R. § 725.202 (a). To meet the statutory definition of a "miner," the claimant must establish that he or she (1) worked "in or around a statutorily defined coal mine (the 'situs' test)," and (2) performed "duties involv[ing] the extraction or…”
Roberts & Schaefer Co. v. Dir., Off. of Workers' Comp. Programs & William L. Williams, 400 F.3d 992 (7th Cir. 2005). · cites it 2× “See 20 C.F.R. §§ 725.202 (d), 718.202-718.204.”
Show all 90 citing cases →
— 20 C.F.R. § 725.202(a) — 3 cases
Melvin Welch v. Benefits Review Bd. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 808 F.2d 443 (6th Cir. 1986).
Stroh v. Dir., Off. of Workers' Comp. Programs, 810 F.2d 61 (3rd Cir. 1987).
In The Matter Of Stanley Stroh, 810 F.2d 61 (3rd Cir. 1987).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.