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. § 725.204

Determination of relationship; spouse

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

(a) For the purpose of augmenting benefits, an individual will be considered to be the spouse of a miner if:

(1) The courts of the State in which the miner is domiciled would find that such individual and the miner validly married; or

(2) The courts of the State in which the miner is domiciled would find, under the law they would apply in determining the devolution of the miner's intestate personal property, that the individual is the miner's spouse; or

(3) Under State law, such individual would have the right of a spouse to share in the miner's intestate personal property; or

(4) Such individual went through a marriage ceremony with the miner resulting in a purported marriage between them and which, but for a legal impediment, would have been a valid marriage, unless the individual entered into the purported marriage with knowledge that it was not a valid marriage, or if such individual and the miner were not living in the same household in the month in which a request is filed that the miner's benefits be augmented because such individual qualifies as the miner's spouse.

(b) The qualification of an individual for augmentation purposes under this section shall end with the month before the month in which:

(1) The individual dies, or

(2) The individual who previously qualified as a spouse for purposes of § 725.520(c), entered into a valid marriage without regard to this section, with a person other than the miner.

Notes of Decisions
Cited in 5 cases, 1999–2013 · leading case: Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002).
Sort: Relevance Newest Treatment
Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002). · cites it 2× “• Compare 20 C.F.R. § 725.204 (a)(4) with 20 C.F.R.”
Burden v. Shinseki, 727 F.3d 1161 (Fed. Cir. 2013). “§§ 801 , 811, a claimant will be considered the "spouse” of a miner if "[t]he courts of the State in which the miner is domiciled would find that such individual and the miner validly married,” 20 C.F.R. § 725.204 (a). Under the Family Medical and Leave Act, 29 U.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.204 : This rule describes the criteria for determining if a claimant qualifies for augmented benefits as a miner’s spouse.”
Johnson v. Royal Coal Co., 326 F.3d 421 (4th Cir. 2003). “204 ; 8) that petitioner had one dependent, within the meaning of 20 C.F.R. § 725.204 and 20 C.F.R. § 725.205 ; 9) that petitioner’s most recent period of cumulative employment within the meaning of 20 C.”
Tolliver v. DOWCP (4th Cir. 1999). “See 20 C.F.R. § 725.204 (b) (1994); Jewell, 42 F.”
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.