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

20 C.F.R. § 725.421

Referral of a claim to the Office of Administrative Law Judges

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(a) In any claim for which a formal hearing is requested or ordered, and with respect to which the district director has completed evidentiary development and adjudication without having resolved all contested issues, the district director shall refer the claim to the Office of Administrative Law Judges for a hearing.

(b) In any case referred to the Office of Administrative Law Judges under this section, the district director shall transmit to that office the following documents, which shall be placed in the record at the hearing subject to the objection of any party:

(1) Copies of the claim form or forms;

(2) Any statement, document, or pleading submitted by a party to the claim;

(3) A copy of the notification to an operator of its possible liability for the claim, and any schedule for the submission of additional evidence issued pursuant to § 725.410 designating a potentially liable operator as the responsible operator;

(4) All medical evidence submitted to the district director under this part by the claimant and the potentially liable operator designated as the responsible operator in the proposed decision and order issued pursuant to § 725.418, or the fund, as appropriate, subject to the limitations of § 725.414 of this part; this evidence shall include the results of any medical examination or test conducted pursuant to § 725.406, and all evidence relevant to the liability of the responsible operator submitted to the district director under this part;

(5) Any written stipulation of law or fact or stipulation of contested and uncontested issues entered into by the parties;

(6) Any pertinent forms submitted to the district director;

(7) The statement by the district director of contested and uncontested issues in the claim; and

(8) The district director's initial determination of eligibility or other documents necessary to establish the right of the fund to reimbursement, if appropriate. Copies of the transmittal notice shall also be sent to all parties to the claim by regular mail.

(c) A party may at any time request and obtain from the district director copies of documents transmitted to the Office of Administrative Law Judges under paragraph (b) of this section. If the party has previously been provided with such documents, additional copies may be sent to the party upon the payment of a copying fee to be determined by the district director.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1983–2021 · leading case: R.J. Jessee v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Westmoreland Coal Co., Inc., 5 F.3d 723 (4th Cir. 1993).
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R.J. Jessee v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor Westmoreland Coal Co., Inc., 5 F.3d 723 (4th Cir. 1993). “Thus, the word "deputy commissioner” in the statute (which predates enactment of the APA) includes an ALJ to whom a modification request has been referred under 20 C.F.R. § 725.421 . 3 . See, Amax Coal Co.”
Salvadore Plesh v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 71 F.3d 103 (3rd Cir. 1995). · cites it 2× “”) (emphasis added); 20 C.F.R. § 725.421 (a) (“In any claim for which a formal hearing is requested .”
Robert B. Reich, Sec'y, United States Dep't of Labor v. The Youghiogheny & Ohio Coal Co., 66 F.3d 111 (6th Cir. 1995). “§ 934 ; 20 C.F.R. §§ 725.421 (c), 725.522(b), 725.”
Ragon Cunningham v. Island Creek Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 144 F.3d 388 (6th Cir. 1998). “” 20 C.F.R. § 725.421 (a). The regulations also provide that “[a]ny party to a claim .”
Elmer Robbins v. Cyprus Cumberland Coal Co. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 146 F.3d 425 (6th Cir. 1998). “” 20 C.F.R. § 725.421 (a). A hearing is not.”
Eighty Four Mining Co. v. Dir., Off. of Workers' Comp. Programs, 812 F.3d 308 (3rd Cir. 2016). “A federal ALJ’s decision on a miner’s claim for benefits under the federal Black Lung Benefits Act—if made pursuant to 20 C.F.R. § 725.421 (a) and § 725.451-464—is res judicata.”
Harmar Coal Co. v. Dir., Off. of Workers' Comp. Programs, 926 F.2d 302 (3rd Cir. 1991). · cites it 2× “1990) (right to review of deputy commissioner’s decision by an ALJ has a regulatory basis under 20 C.F.R. § 725.421 (a) (1990)). Except for Thompson’s submission of additional medical evidence to the deputy commissioner in March of 1981, the case lay dormant until May 3, 1984,…”
Lukman v. Dir., Off. of Workers' Comp. Programs, 896 F.2d 1248 (10th Cir. 1990). “” 20 C.F.R. § 725.421 (a) (1989) (emphasis added).”
James Garland, Ida Wright Simon, Martha Perry, Elizabeth Boone & Janie B. Carter v. Dir., United States Dep't of Labor, 713 F.2d 613 (11th Cir. 1983). “20 C.F.R. § 725.421 -.480 (1983). Thereafter, a dissatisfied party may appeal to the Benefits Review Board.”
Yogi Mining Co. v. Fife, 159 F. App'x 441 (4th Cir. 2005). · cites it 2× “On August 5, 1999, Yogi Mining requested a formal hearing to challenge the OWCP Finding, pursuant to 20 C.F.R. § 725.421 (a). 3 The matter was then referred to the ALJ.”
BrickStreet Mut. Ins. v. DOWCP (4th Cir. 2019). “See 20 C.F.R. § 725.421 (a). The regulations expressly contemplate that the ALJ will not allow evidence pertaining to liability into the record that was not submitted to the District Director, absent extraordinary circumstances.”
Consol of Ky., Inc. v. Allen Madden (6th Cir. 2020). “309 (c)(2) (requiring that “[a]ny evidence submitted in connection with any prior claim must be made a part of the record in the subsequent claim, provided that it was not excluded”) and 20 C.F.R. § 725.421 (a)(4) (requiring the Director to submit all medical evidence submitted…”
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