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) Section 9501(d)(1)(A)(1) of the Internal Revenue Code (26 U.S.C.) provides that the Black Lung Disability Trust Fund shall begin the payment of benefits on behalf of an operator in any case in which the operator liable for such payments has not commenced payment of such benefits within 30 days after the date of an initial determination of eligibility by the Secretary. For claims filed on or after January 1, 1982, the payment of such interim benefits from the fund is limited to benefits accruing after the date of such initial determination.
(b) Except as provided in § 725.415, after the district director has determined that a claimant is eligible for benefits, on the basis of all evidence submitted by a claimant and operator, and has determined that a hearing will be necessary to resolve the claim, the district director shall in writing so inform the parties and direct the operator to begin the payment of benefits to the claimant in accordance with § 725.522. The date on which this writing is sent to the parties shall be considered the date of initial determination of the claim.
(c) If a notified operator refuses to commence payment of a claim within 30 days from the date on which an initial determination is made under this section, benefits shall be paid by the fund to the claimant in accordance with § 725.522, and the operator shall be liable to the fund, if such operator is determined liable for the claim, for all benefits paid by the fund on behalf of such operator, and, in addition, such penalties and interest as are appropriate.
Notes of Decisions
Big Horn Coal Co. v. Sadler Ex Rel. Sadler, 924 F.3d 1317 (10th Cir. 2019).
· cites it 2× “The Black Lung Disability Trust Fund ("Trust Fund") then began paying the benefits Sadler was awarded pursuant to the BLBA's interim benefits provision, 20 C.F.R. § 725.420 . 2 Big Horn appealed the District Director's decision and requested a hearing before an ALJ.”
Peabody Coal Co. v. Blankenship, 773 F.2d 173 (7th Cir. 1985).
· cites it 4× “See 20 C.F.R. § 725.420 . Petitioners were instructed to commence payment within 30 days.”
Reich v. Youghiogheny & Ohio Coal Co., 858 F. Supp. 1381 (S.D. Ohio 1994).
“§ 9501 (d)(1)(A); 20 C.F.R. §§ 725.420 and 725.522(b). However, the employer must reimburse the Fund once it is ultimately determined to be liable for payment of the benefits.”
Connors v. Amax Coal Co., 674 F. Supp. 22 (S.D. Ind. 1987).
“20 C.F.R. §§ 725.420 , 725.522. When the Fund makes interim payments for which an operator is liable, the Fund becomes subrogated to the rights of the beneficiary and may enforce those rights to obtain reimbursement.”
Greenwich Collieries v. Dir., Off. of Workers' Comp. Programs, 732 F.2d 343 (3rd Cir. 1984).
“Greenwich takes the position that interest should be awarded effective thirty days from the date of an initial determination of entitlement pursuant to 20 C.F.R. § 725.420 (1983). The Department of Labor has taken the same position, based on its interpretation of 20 C.”
Scalia v. Chevron Mining, Inc. (W.D. Ky. 2021).
· cites it 5× “§ 9501 (d)(1); see also 20 C.F.R. §§ 725.420 (c), 725.522(a). The Trust Fund will also pay for the costs of any travel or examinations necessary to determine whether the miner is eligible for the benefits payments.”
Hunter (W.D. Ky. 2026).
“The letter also instructed Defendants that [s]hould you fail to begin payment to the claimant, benefits will be paid by the Black Lung Disability Trust Fund in accordance with 20 CFR 725.420(a). If you are subsequently determined to be liable for the claim, you will be required…”
— 20 C.F.R. § 725.420(a) — 1 case
Hunter (W.D. Ky. 2026).
“The letter also instructed Defendants that [s]hould you fail to begin payment to the claimant, benefits will be paid by the Black Lung Disability Trust Fund in accordance with 20 CFR 725.420(a). If you are subsequently determined to be liable for the claim, you will be required…”
— 20 C.F.R. § 725.420(c) — 1 case
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