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 D—Adjudication Officers; Parties and Representatives

20 C.F.R. § 725.360

Parties to proceedings

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

(a) Except as provided in § 725.361, no person other than the Secretary of Labor and authorized personnel of the Department of Labor shall participate at any stage in the adjudication of a claim for benefits under this part, unless such person is determined by the appropriate adjudication officer to qualify under the provisions of this section as a party to the claim. The following persons shall be parties:

(1) The claimant;

(2) A person other than a claimant, authorized to execute a claim on such claimant's behalf under § 725.301;

(3) Any coal mine operator notified under § 725.407 of its possible liability for the claim;

(4) Any insurance carrier of such operator; and

(5) The Director in all proceedings relating to a claim for benefits under this part.

(b) A widow, child, parent, brother, or sister, or the representative of a decedent's estate, who makes a showing in writing that his or her rights with respect to benefits may be prejudiced by a decision of an adjudication officer, may be made a party.

(c) Any coal mine operator or prior operator or insurance carrier which has not been notified under § 725.407 and which makes a showing in writing that its rights may be prejudiced by a decision of an adjudication officer may be made a party.

(d) Any other individual may be made a party if that individual's rights with respect to benefits may be prejudiced by a decision to be made.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1985–2024 · leading case: Crowe Ex Rel. Crowe v. Zeigler Coal Co.
Sort: Relevance Newest Treatment
Crowe Ex Rel. Crowe v. Zeigler Coal Co. (2011) ca7 · cites it 8× “Specifically, in addition to identifying a claimant, persons authorized to execute a claim on the claimant's behalf, a coal mine operator, and the Director of the OWCP as proper parties to a black lung claim, the regulations provide that "[a]ny other individual may be made a…”
Old Ben Coal Company v. Office of Workers' Compensation Programs, United States Department of Labor, and Anna Melvin (2007) ca7 “20 C.F.R. §§ 725.360 (a)(4), (d). It can seek intervention in this court as well.”
Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. Programs (2019) ca10 “See 20 C.F.R. § 725.360 (a)(5) (stating that the Director will be a party "in all proceedings relating to a claim for benefits").”
Armand Pavesi v. Director, Office of Workers' Compensation Programs, United States Department of Labor (1985) ca3 “20 C.F.R. § 725.360 (a)(5) (1984). Any party, including the Director, can appeal an adverse decision of the deputy commissioner if the appeal is timely under the regulations.”
Island Fork Construction v. Jimmy Bowling (2017) ca6 · cites it 2× “See 20 C.F.R. § 725.360 (d) (“Any other individual may be made a party if that individual’s rights with respect to benefits may be prejudiced by a decision to be made.”
Apogee Coal Company v. OWCP (2024) ca7 “See 20 C.F.R. § 725.360 (a)(3). In addition to fulfilling these threshold functions, district di- rectors have substantial authority to gather evidence, see id.”
Youghiogheny & Ohio Coal Co. v. Webb (1995) ca6 “Therefore, we agree with the ALJ’s assertion that a person proceeding as a successor in interest to the original miner is not required to show dependency pursuant to 20 C.F.R. § 725.360 (b). As the Fourth Circuit succinctly stated: “[i]f a miner dies before receiving black lung…”
Dalton v. Office of Workers' Compensation Programs (2013) ca7 “” 20 C.F.R. § 725.360 (b). Frontier itself requested a modification of the ALJ’s finding of benefits for Mr.”
Zeigler Coal Co. v. Office of Workers' Compensation Programs (2007) ca7 “20 C.F.R. §§ 725.360 (a)(4), (d). It can seek intervention in this court as well.”
Warner Coal Co. v. Director, Office of Workers' Compensation Programs (1986) ca6 “Specifically, *347 20 C.F.R. § 725.360 (a)(4) provides that in such black lung benefits proceedings: The following persons shall be parties: (1) The claimant; (2) A person other than a claimant, authorized to execute a claim on such claimant’s behalf under § 725.”
Tazco, Inc. v. Director, Office of Workers Compensation Program (1990) ca4 “See 20 C.F.R. § 725.360 . In addition, claims provisions incorporated by reference into the Black Lung Benefits Act track the requirements of due process by providing for notification of the employer and “any other person .”
Rockwood Casualty Insurance v. Director, OWCP (2019) ca10 “See 20 C.F.R. § 725.360 (a)(5) (stating that the Director will be a party “in all proceedings relating to a claim for benefits”).”
Show all 16 citing cases →
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.