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 C—Filing of Claims

20 C.F.R. § 725.301

Who may file a claim

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

(a) Any person who believes he or she may be entitled to benefits under the Act may file a claim in accordance with this subpart.

(b) A claimant who has attained the age of 18, is mentally competent and physically able, may file a claim on his or her own behalf.

(c) If a claimant is unable to file a claim on his or her behalf because of a legal or physical impairment, the following rules shall apply:

(1) A claimant between the ages of 16 and 18 years who is mentally competent and not under the legal custody or care of another person, or a committee or institution, may upon filing a statement to the effect, file a claim on his or her own behalf. In any other case where the claimant is under 18 years of age, only a person, or the manager or principal officer of an institution having legal custody or care of the claimant may file a claim on his or her behalf.

(2) If a claimant over 18 years of age has a legally appointed guardian or committee, only the guardian or committee may file a claim on his or her behalf.

(3) If a claimant over 18 years of age is mentally incompetent or physically unable to file a claim and is under the care of another person, or an institution, only the person, or the manager or principal officer of the institution responsible for the care of the claimant, may file a claim on his or her behalf.

(4) For good cause shown, the Office may accept a claim executed by a person other than one described in paragraphs (c)(2) or (3) of this section.

(d) Except as provided in § 725.305, in order for a claim to be considered, the claimant must be alive at the time the claim is filed.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1985–2023 · leading case: Gunderson v. United States Dep't of Labor, 601 F.3d 1013 (10th Cir. 2010).
Sort: Relevance Newest Treatment
Gunderson v. United States Dep't of Labor, 601 F.3d 1013 (10th Cir. 2010). · cites it 2× “20 C.F.R. §§ 725.301 -.422; see also Nat'l Mining Ass'n, 292 F.”
K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). “See 20 C.F.R. §§ 725.301 , 725.303, 725.401. The district director develops the record and identifies, if available, a coal mine operator who may be held responsible for paying benefits to the claimant.”
Labelle Processing Co. v. John Swarrow & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 72 F.3d 308 (3rd Cir. 1996). “any lung disease that is significantly related to, or substantially aggravated by, dust exposure in coal mine employment) is much broader than the medical definition, which only encompasses lung diseases caused by fibrotic reaction of lung tissue to inhaled dust. See Doris Coal…”
Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985). “” 20 C.F.R. § 725.301 (1984). Seemingly, the regulation contemplates a circumstance in which the party is not given actual notice but the representative is.”
Nat'l Ass'n of Waterfront Employers v. Chao (D.D.C. 2009). “394 (Longshore Act claims) and 20 C.F.R. §§ 725.301 - 725.483 (Black Lung Act claims).”
LaBelle Processing Co. v. Swarrow (3rd Cir. 1995). “§§ 932 (a), 936(a); 20 C.F.R. § 725.301 -.422; see also Director, OWCP v.”
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.