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. § 725.367

Payment of a claimant's attorney's fee by responsible operator or fund

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(a) An attorney who represents a claimant in the successful prosecution of a claim for benefits may be entitled to collect a reasonable attorney's fee from the responsible operator that is ultimately found liable for the payment of benefits, or, in a case in which there is no operator who is liable for the payment of benefits, from the fund. Generally, the operator or fund liable for the payment of benefits shall be liable for the payment of the claimant's attorney's fees where the operator or fund, as appropriate, took action, or acquiesced in action, that created an adversarial relationship between itself and the claimant. The fees payable under this section shall include reasonable fees for necessary services performed prior to the creation of the adversarial relationship. Circumstances in which a successful attorney's fees shall be payable by the responsible operator or the fund include, but are not limited to, the following:

(1) The responsible operator designated by the district director (see § 725.410(a)(3)) fails to accept the claimant's entitlement to benefits within the 30-day period provided by § 725.412(b) and is ultimately determined to be liable for benefits. The operator shall be liable for an attorney's fee with respect to all necessary services performed by the claimant's attorney;

(2) There is no operator that may be held liable for the payment of benefits, and the district director issues a schedule for the submission of additional evidence under § 725.410. The fund shall be liable for an attorney's fee with respect to all necessary services performed by the claimant's attorney;

(3) The claimant submits a bill for medical treatment, and the party liable for the payment of benefits declines to pay the bill on the grounds that the treatment is unreasonable, or is for a condition that is not compensable. The responsible operator or fund, as appropriate, shall be liable for an attorney's fee with respect to all necessary services performed by the claimant's attorney;

(4) A beneficiary seeks an increase in the amount of benefits payable, and the responsible operator or fund contests the claimant's right to that increase. If the beneficiary is successful in securing an increase in the amount of benefits payable, the operator or fund shall be liable for an attorney's fee with respect to all necessary services performed by the beneficiary's attorney;

(5) The responsible operator or fund seeks a decrease in the amount of benefits payable. If the beneficiary is successful in resisting the request for a decrease in the amount of benefits payable, the operator or fund shall be liable for an attorney's fee with respect to all necessary services performed by the beneficiary's attorney. A request for information clarifying the amount of benefits payable shall not be considered a request to decrease that amount.

(b) Any fee awarded under this section shall be in addition to the award of benefits, and shall be awarded, in an order, by the district director, administrative law judge, Board or court, before whom the work was performed. The operator or fund shall pay such fee promptly and directly to the claimant's attorney in a lump sum after the award of benefits becomes final.

(c) Section 205(a) of the Black Lung Benefits Amendments of 1981, Public Law 97-119, amended section 422 of the Act and relieved operators and carriers from liability for the payment of benefits on certain claims. Payment of benefits on those claims was made the responsibility of the fund. The claims subject to this transfer of liability are described in § 725.496. On claims subject to the transfer of liability described in this paragraph the fund will pay all fees and costs which have been or will be awarded to claimant's attorneys which were or would have become the liability of an operator or carrier but for the enactment of the 1981 Amendments and which have not already been paid by such operator or carrier. Section 9501(d)(7) of the Internal Revenue Code (26 U.S.C.), which was also enacted as a part of the 1981 Amendments to the Act, expressly prohibits the fund from reimbursing an operator or carrier for any attorney fees or costs which it has paid on cases subject to the transfer of liability provisions.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1978–2026 · leading case: Day v. James Marine, Inc., 518 F.3d 411 (6th Cir. 2008).
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Day v. James Marine, Inc., 518 F.3d 411 (6th Cir. 2008). · cites it 4× “" 20 C.F.R. § 725.367 (a). The Secretary has made no similar rule for Longshoremen cases.”
Clinchfield Coal Co. v. Harris, 149 F.3d 307 (4th Cir. 1998). · cites it 8× “a reasonable attorney’s fee____ 20 C.F.R. § 725.367 (1997) (emphasis added).”
Bethenergy Mines Inc. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Frank R. Markovich, 854 F.2d 632 (3rd Cir. 1988). · cites it 5× “§ 928 (1982) and its implementing regulation, 20 C.F.R. § 725.367 (1987). First, where a coal mine operator receives an initial determination by a deputy commissioner that a claimant is not eligible for Black Lung benefits, is informed that the claimant disputes this initial…”
Dyer v. Cenex Harvest States Coop., 563 F.3d 1044 (9th Cir. 2009). · cites it 2× “See 20 C.F.R. § 725.367 . B. Discussion Section 928(a) imposes four conditions that must be satisfied in order to receive attorney’s fees: (1) the claimant must file a claim with the Deputy Commissioner of OWCP; (2) the employer must receive notice of the claim from the Deputy…”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Opal Bivens, George Hill, 757 F.2d 781 (6th Cir. 1985). · cites it 2× “” See 20 C.F.R. § 725.367 (a) (1984). Plainly, the mere receipt of notice of a claim from a miner is not a “notice of liability.”
Anna Jordan v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 892 F.2d 482 (6th Cir. 1989). · cites it 2× “See 20 C.F.R. § 725.367 (requiring payment of successful claimant’s attorney’s fees by the responsible coal mine operator).”
Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor v. Mason Poyner, Claimant-Respondent, 810 F.2d 99 (6th Cir. 1987). · cites it 3× “Instead, the regulation makes the coal mine operator (or the Fund, as the case may be) liable for a reasonable attorney fee if the operator (or Fund) “declines to pay any benefits on or before the 30th day after receiving written notice of its liability for a claim on the ground…”
Repub. Steel Corp. v. U. S. Dep't of Labor, Dir., Off. of Workers' Comp. Programs & Helen Hromyak, 590 F.2d 77 (3rd Cir. 1978). “36789 (to be codified at 20 C.F.R. § 725.367 ). Comment f of this regulation, which discusses payment of counsel fees by coal operators or insurance carriers, reads: “It is the position of the Department that the Black Lung Disability Trust Fund is not authorized under any…”
Clinchfield Coal Co. v. Everett Harris Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, Jewell Ridge Coal Corp. v. Cleo Jackson Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, Jewell Ridge Coal Corp. v. Leona Vandyke, Widow of Ulysses Vandyke Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 149 F.3d 307 (4th Cir. 1998). · cites it 2× “32 Fourth, there is a real conflict between the Director's interpretation and the Secretary of Labor's proposed amendment to 20 C.F.R. 725.367. See 62 Fed.Reg. 3338, 3399 (1997).”
Donnie B. Adkins v. Kentland Elkhorn Coal Corp. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 109 F.3d 307 (6th Cir. 1997). “Upon review of the application and supporting documentation, this court concludes that the application is premature. The applicable statute permits an award of attorney fees if the claimant has utilized the services of an attorney “in the successful prosecution of his claim.”
Hunter (W.D. Ky. 2026). · cites it 5× “§ 928 and 20 C.F.R. §§ 725.367 (a)(1), (4). i. 20 Percent Additional Compensation under 33 U.”
Day v. James Marine Inc (6th Cir. 2008). · cites it 2× “” 20 C.F.R. § 725.367 (a). The Secretary has made no similar rule for Longshoremen cases.”
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— 20 C.F.R. § 725.367(a) — 1 case
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Lelia Dunbar Ashmore, (Widow of Volney Dunbar), 815 F.2d 702 (6th Cir. 1987).
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