(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
Crowe Ex Rel. Crowe v. Zeigler Coal Co., 646 F.3d 435 (7th Cir. 2011).
· 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…”
Island Fork Constr. v. Jimmy Bowling, 872 F.3d 754 (6th Cir. 2017).
· 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 Co. v. OWCP, 113 F.4th 751 (7th Cir. 2024).
“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, 49 F.3d 244 (6th Cir. 1995).
“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…”
Warner Coal Co. v. Dir., Off. of Workers' Comp. Programs, 804 F.2d 346 (6th Cir. 1986).
“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. Dir., Off. of Workers Comp. Prog., 895 F.2d 949 (4th Cir. 1990).
“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 Cas. Ins. v. Dir., OWCP (10th Cir. 2019).
“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”).”
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