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 F—Hearings

20 C.F.R. § 725.458

Depositions; interrogatories

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The testimony of any witness or party may be taken by deposition or interrogatory according to the rules of practice of the Federal district court for the judicial district in which the case is pending (or of the U.S. District Court for the District of Columbia if the case is pending in the District or outside the United States), except that at least 30 days prior notice of any deposition shall be given to all parties unless such notice is waived. No post-hearing deposition or interrogatory shall be permitted unless authorized by the administrative law judge upon the motion of a party to the claim. The testimony of any physician which is taken by deposition shall be subject to the limitations on the scope of the testimony contained in § 725.457(d).

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1988–2021 · leading case: Zeigler Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & William E. Hawker, 326 F.3d 894 (7th Cir. 2003).
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Zeigler Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & William E. Hawker, 326 F.3d 894 (7th Cir. 2003). “2d 842 (1971) (holding due process not violated by introduction of an ex parte hearsay medical report); 20 C.F.R. § 725.458 (“The testimony of any witness .”
Arch Coal, Inc. v. Hugler, 242 F. Supp. 3d 13 (D.D.C. 2017). “20 C.F.R. § 725.458 . Moreover, the District Director “bears the burden of proof that the responsible operator is potentially liable.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.458 : This rule limits the deposition testimony of a physician to the scope described in § 725.”
Elm Grove Coal Co. v. Dir., Off. of Workers' Comp. Programs, 480 F.3d 278 (4th Cir. 2007). “457 (d) (providing that “[a] physician *285 whose testimony is permitted under this section may testify as to any other medical evidence of record, but shall not be permitted to testify as to any medical evidence relevant to the miner’s condition that is not admissible”); 20…”
Brown Badgett, Inc. v. Jennings, 842 F.2d 899 (6th Cir. 1988). · cites it 4× “The Review Board held that a deposition taken in violation of the 30-day notice requirement contained in 20 C.F.R. § 725.458 is inadmissible unless the opposing party affirmatively waives this requirement.”
Manalapan Mining Co., Inc. v. OWCP (6th Cir. 2021). · cites it 3× “” 20 C.F.R. § 725.458 . The ALJ’s pre-hearing order, issued May 2017, advised the parties about most of these regulations.”
Zeigler Coal Co v. OWCP (7th Cir. 2003). “Black’s defines witness as “one who sees, knows, or vouches for something,” and “one who gives testimony under oath or affirmation (1) in person, (2) by oral or written deposition, or (3) by affidavit.” BLACK’S LAW DICTIONARY 1596 (7th ed.”
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