20 C.F.R. § 725.212
Conditions of entitlement; surviving spouse or surviving divorced spouse
(a) An individual who is the surviving spouse or surviving divorced spouse of a miner is eligible for benefits if such individual:
(1) Is not married;
(2) Was dependent on the miner at the pertinent time; and
(3) The deceased miner either:
(i) Is determined to have died due to pneumoconiosis; or
(ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving spouse or surviving divorced spouse filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
(b) If more than one spouse meets the conditions of entitlement prescribed in paragraph (a), then each spouse will be considered a beneficiary for purposes of section 412(a)(2) of the Act without regard to the existence of any other entitled spouse or spouses.
Notes of Decisions
Cited in 30
cases (2 in the last 5 years), 1983–2023 · leading case: U.S. Steel Mining Co., LLC v. Cassandra M. Terry, 920 F.3d 1283 (11th Cir. 2019).
U.S. Steel Mining Co., LLC v. Cassandra M. Terry, 920 F.3d 1283 (11th Cir. 2019). “212 , which implements § 932( l ), an otherwise eligible survivor must show (as relevant here) that the deceased miner either: (i) Is determined to have died due to pneumoconiosis; or (ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a…”
Union Carbide Corp. v. Virginia Richards, 721 F.3d 307 (4th Cir. 2013). “20 C.F.R. § 725.212 , 725.218, 725.222. DOL has issued a notice of proposed rulemaking, in which it proposes to revise its regulations to reflect the ACA amendments.”
Zurich Am. Ins. Grp. v. Duncan Ex Rel. Duncan, 889 F.3d 293 (6th Cir. 2018). “20 C.F.R. § 725.212 . Zurich American did not separately challenge this award before the Board or before this court.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.212 (b): This rule describes the conditions under which a surviving or divorced spouse may be eligible for benefits and that concurrent recovery by more than one qualified spouse is no longer precluded under this section.”
Island Creek Coal Co. v. Elizabeth Maynard, 87 F.4th 802 (6th Cir. 2023). “at 20); 20 C.F.R. § 725.212 . Island Creek does not appeal Elizabeth Maynard’s automatic entitlement to survivor’s benefits.”
Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002). “Similarly, under the new 20 C.F.R. § 725.212 (b) and § 725.214(d), a miner could have more than one surviving spouse if he divorced and remarried during the pertinent period.”
Wolf Creek Collieries v. Olga Robinson & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 872 F.2d 1264 (6th Cir. 1989). “20 C.F.R. § 725.212 (a)(1) states: § 725.”
Violet Keener v. E. Associated Coal Corp., Dir., Off. of Workers' Comp. Programs, United Statements Dep't of Labor, 954 F.2d 209 (4th Cir. 1992). “§ 922 (a)(2); 20 C.F.R. § 725.212 (a)(3)(h). Because Keener died from a heart attack, Mrs.”
Lovilia Coal Co. & Bituminous Cas. Corp. v. Verda M. Williams & Off. of Workers' Comp. Programs, 143 F.3d 317 (7th Cir. 1998). “See 20 C.F.R. § 725.212 . A survivor's claim is thus derivative of the deceased miner's claim in that the miner must have had pneumoconiosis.”
Rita J. Mitchell v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Old Ben Coal Co., 855 F.2d 485 (7th Cir. 1988). “205 (a). 4 . 30 U.S.C. § 921 (c)(4) provides in pertinent part: If a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner’s, his widow’s, his child’s, his parent's, his…”
Mary Logsdon, Widow of Vaughn Logsdon v. Dir., Owcp, U.S. Dep't of Labor, 853 F.2d 613 (8th Cir. 1988). “Because an award of benefits on the miner’s claim automatically entitles petitioner to benefits under 20 C.F.R. § 725.212 , we limit this discussion to the deceased miner’s claim.”
Pothering v. Parkson Coal Co., 861 F.2d 1321 (3rd Cir. 1988). “The notice 2 recited the text of § 422(Z) and stated the following: Based upon the available evidence, I find that the miner’s survivor(s) satisfy the conditions set forth in 20 CFR 725.212 et seq.[ 3 ] It has been initially determined .”
— 20 C.F.R. § 725.212(b) — 1 case
Peabody Coal Co. Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Mary B. Ricker Mary D. Ricker, 182 F.3d 637 (8th Cir. 1999).
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