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 H—Payment of Benefits

20 C.F.R. § 725.504

Payments to a claimant employed as a miner

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(a) In the case of a claimant who is employed as a miner (see § 725.202) at the time of a final determination of such miner's eligibility for benefits, no benefits shall be payable unless:

(1) The miner's eligibility is established under section 411(c)(3) of the Act; or

(2) the miner terminates his or her coal mine employment within 1 year from the date of the final determination of the claim.

(b) If the eligibility of a working miner is established under section 411(c)(3) of the Act, benefits shall be payable as is otherwise provided in this part. If eligibility cannot be established under section 411(c)(3), and the miner continues to be employed as a miner in any capacity for a period of less than 1 year after a final determination of the claim, benefits shall be payable beginning with the month during which the miner ends his or her coal mine employment. If the miner's employment continues for more than 1 year after a final determination of eligibility, such determination shall be considered a denial of benefits on the basis of the miner's continued employment, and the miner may seek benefits only as provided in § 725.310, if applicable, or by filing a new claim under this part. The provisions of Subparts E and F of this part shall be applicable to claims considered under this section as is appropriate.

(c) In any case where the miner returns to coal mine or comparable and gainful work, the payments to such miner shall be suspended and no benefits shall be payable (except as provided in section 411(c)(3) of the Act) for the period during which the miner continues to work. If the miner again terminates employment, the district director may require the miner to submit to further medical examination before authorizing the payment of benefits.

Notes of Decisions
Cited in 3 cases, 1989–2002 · leading case: Amax Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Jack Chubb, 312 F.3d 882 (7th Cir. 2002).
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Amax Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Jack Chubb, 312 F.3d 882 (7th Cir. 2002). “503A (now codified at 20 C.F.R. § 725.504 ) as covering this issue.”
Penn Allegheny Coal Co. v. Mercatell, 878 F.2d 106 (3rd Cir. 1989). “The May 27, 1988, decision and order affirmed a decision and order of an Administrative Law Judge (AU) awarding all benefits to an appropriate party, as authorized by 20 C.F.R. § 725.504 , to which James Mercatell was entitled, and awarding survivorship benefits to Dorothy…”
Amax Coal Co. v. OWCP (7th Cir. 2002). “503A (now codified at 20 C.F.R. § 725.504 ) as covering this issue.”
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