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. § 725.306

Withdrawal of a claim

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(a) A claimant or an individual authorized to execute a claim on a claimant's behalf or on behalf of claimant's estate under § 725.305, may withdraw a previously filed claim provided that:

(1) He or she files a written request with the appropriate adjudication officer indicating the reasons for seeking withdrawal of the claim;

(2) The appropriate adjudication officer approves the request for withdrawal on the grounds that it is in the best interests of the claimant or his or her estate, and;

(3) Any payments made to the claimant in accordance with § 725.522 are reimbursed.

(b) When a claim has been withdrawn under paragraph (a) of this section, the claim will be considered not to have been filed.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1992–2025 · leading case: Violet Keener v. E. Associated Coal Corp., 954 F.2d 209 (4th Cir. 1992).
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Violet Keener v. E. Associated Coal Corp., 954 F.2d 209 (4th Cir. 1992). · cites it 3× “Second, she argues that the withdrawal of the 1978 application was not in the best interests of her husband, as is required by 20 C.F.R. § 725.306 . Finally, she maintains that an alleged misstatement of law by claims examiner Ashley deprived her husband of procedural due…”
Jonida Trucking, Inc. v. Robert F. Hunt Dir., 124 F.3d 739 (6th Cir. 1997). “Withdrawal of Hunt’s Claim 20 C.F.R. section 725.306 provides for the withdrawal of a claim: (a) A claimant or an individual authorized to execute a claim on a claimant’s behalf .”
Consol of Ky., Inc. v. Allen Madden, 829 F. App'x 90 (6th Cir. 2020). · cites it 4× “See 20 C.F.R. § 725.306 (b) (stating that a previously filed claim that has been withdrawn “will be considered not to have been filed”).”
Little T Coal Co. v. OWCP, No. 22-3135 (6th Cir. Feb. 2, 2023). “20 C.F.R. 725.306(b). -2- No. 22-3135, Little T Coal Co.”
Consol Pennsylvania Coal Co v. Randall McMillin, No. 23-3069 (3d Cir. Jan. 6, 2025). “In other words, the Proposed Decision and Order was an interim step, not a final determination. See 20 C.F.R. § 725.419 . The distinction between preliminary and final decisions matters since a claim withdrawn before a final decision and order has been issued is “considered not…”
20 C.F.R. § 725.306(b): 1 case
Little T Coal Co. v. OWCP, No. 22-3135 (6th Cir. Feb. 2, 2023). “20 C.F.R. 725.306(b). -2- No. 22-3135, Little T Coal Co.”
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