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 E—Adjudication of Claims by the District Director
(a) At the end of the period permitted under § 725.410(b) for the submission of evidence, the district director shall review the claim on the basis of all evidence submitted in accordance with § 725.414.
(b) After review of all evidence submitted, the district director may issue another schedule for the submission of additional evidence pursuant to § 725.410, identifying another potentially liable operator as the responsible operator liable for the payment of benefits. In such a case, the district director shall not permit the development or submission of any additional medical evidence until after he has made a final determination of the identity of the responsible operator liable for the payment of benefits. If the operator who is finally determined to be the responsible operator has not had the opportunity to submit medical evidence pursuant to § 725.410, the district director shall allow the designated responsible operator and the claimant not less than 60 days within which to submit evidence relevant to the claimant's eligibility for benefits. The designated responsible operator may elect to adopt any medical evidence previously submitted by another operator as its own evidence, subject to the limitations of § 725.414. The district director may also schedule a conference in accordance with § 725.416, issue a proposed decision and order in accordance with § 725.418, or take such other action as the district director considers appropriate.
Notes of Decisions
Sharpe v. Dir., Off. of Workers' Comp. Programs, 495 F.3d 125 (4th Cir. 2007).
“See 20 C.F.R. § 725.415 (2000). If a conference is held, the Director, at its conclusion, must prepare and send to the parties a summary of the conference, along with his recommendation.”
Edmonds v. Illinois Workers'Comp., 968 N.E.2d 775 (Ill. App. Ct. 2012).
· cites it 2× “20 C.F.R. § 725.415 (2002). Thereafter, the district director may schedule an "informal" conference, issue a proposed decision and order, or take such other action as he considers appropriate.”
Apogee Coal Co. v. OWCP, 112 F.4th 343 (6th Cir. 2024).
“See 20 C.F.R. § 725.415 . But the BLBA regulations do not divest the ALJ of power to take evidence.”
Rhino Energy, LLC v. DOWCP (4th Cir. 2026).
· cites it 2× “20 C.F.R. §§ 725.415 ; 725.416. Ultimately, at the end of his fact-finding process, the district director must issue a proposed decision and order, confirming his final designation and dismissing all other potentially liable operators that received notification of the claim.”
Tolliver v. DOWCP (4th Cir. 1999).
“Given that there had not been any disposi- tion of the claim through the above avenues or any others provided in the regulations, the claim was still pending as of May 3.”
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