20 C.F.R. § 725.482

Judicial review

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any person adversely affected or aggrieved by a final order of the Benefits Review Board may obtain a review of that order in the U.S. court of appeals for the circuit in which the injury occurred by filing in such court within 60 days following the issuance of such Board order a written petition praying that the order be modified or set aside. The payment of the amounts required by an award shall not be stayed pending final decision in any such proceeding unless ordered by the court. No stay shall be issued unless the court finds that irreparable injury would otherwise ensue to an operator or carrier.

(b) The Director, Office of Workers' Compensation Program, as designee of the Secretary of Labor responsible for the administration and enforcement of the Act, shall be considered the proper party to appear and present argument on behalf of the Secretary of Labor in all review proceedings conducted pursuant to this part and the Act, either as petitioner or respondent.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1981–2025 · leading case: Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).

Sort: Relevance Newest Treatment

Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “§ 921 (c); 20 C.F.R. § 725.482 (a). Department of Labor staff (not the Secretary of Labor) had been appointing the administrative law judges who adjudicate benefits disputes within the agency.”

K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). · cites it 2× “§ 921 (c); 20 C.F.R. § 725.482 (a). B. This appeal concerns the hiring and firing of DOL ALJs, so we describe that process next.”

Arch Coal, Inc. v. R. Alexander Acosta, 888 F.3d 493 (D.C. Cir. 2018). “On December 31, 2005, Arch sold three of its subsidiary coal mining companies to Magnum Coal Company ("Magnum").”

E. Associated Coal Co. v. Dir., Off. of Workers' Comp. Programs, 578 F. App'x 165 (4th Cir. 2014). · cites it 2× “§ 932 (k); 20 C.F.R. § 725.482 (b). Both miners and their survivors may seek benefits under the BLBA by filing claims with the district director in the Department of Labor’s (“DOL”) Office of Workers’ Compensation Programs (“OWCP”).”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Albert Brodka, 643 F.2d 159 (3rd Cir. 1981). “-360(5) (1980); 20 C.F.R. § 725.482 (b) (1980), and, as a fiduciary of the Trust Fund with the obligation to protest unjustified claims against it, Gurule v.”

Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019). “§ 932 (a) ; 20 C.F.R. § 725.482 . a. District director review Once a miner files a claim for benefits under the BLBA, the OWCP district director investigates the claim and determines whether one or more operators are potentially liable.”

Nat'l Mining Ass'n v. Dep't of Labor, 292 F.3d 849 (D.C. Cir. 2002). “§ 921 (c); 20 C.F.R. § 725.482 . In 1997, the Secretary of Labor (“the Secretary,” “the Department,” or “the government”) issued a notice of proposed revisions to the rules governing the adjudication of miners’ claims under the BLBA.”

George Pancake v. Amax Coal Co. & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 858 F.2d 1250 (7th Cir. 1988). “See also 20 C.F.R. § 725.482 (a). II. ANALYSIS We must determine whether the AU’s findings are “supported by substantial evidence, in accord with the law, and not irrational.”

Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “§ 921 (c); 20 C.F.R. § 725.482 . JURISDICTION The BLBA does not designate the forum where a judicial challenge to the facial validity of regulations promulgated under it may be resolved.”

Dalton v. Off. of Workers' Comp. Programs, 738 F.3d 779 (7th Cir. 2013). “” 20 C.F.R. § 725.482 . They are proper parties with a recognized interest in the award.”

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. § 725.482 (1983). Garland has failed to establish that he followed the requisite administrative procedures.”

Rockwood Cas. Ins. v. Dir., OWCP (10th Cir. 2019). “§ 932 (a); 20 C.F.R. § 725.482 . a. District director review Once a miner files a claim for benefits under the BLBA, the OWCP district director investigates the claim and determines whether one or more operators are potentially liable.”

Show all 15 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.