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. § 725.522

Payments prior to final adjudication

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

(a) If an operator or carrier fails or refuses to commence the payment of benefits within 30 days of issuance of an initial determination of eligibility by the district director (see § 725.420), or fails or refuses to commence the payment of any benefits due pursuant to an effective order by a district director, administrative law judge, Benefits Review Board, or court, the fund shall commence the payment of such benefits and shall continue such payments as appropriate. In the event that the fund undertakes the payment of benefits on behalf of an operator or carrier, the provisions of §§ 725.601 through 725.609 shall be applicable to such operator or carrier.

(b) If benefit payments are commenced prior to the final adjudication of the claim and it is later determined by an administrative law judge, the Board, or court that the claimant was ineligible to receive such payments, such payments shall be considered overpayments pursuant to § 725.540 and may be recovered in accordance with the provisions of this subpart.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1986–2026 · leading case: E. Associated Coal Co. v. Dir., Off. of Workers' Comp. Programs, 578 F. App'x 165 (4th Cir. 2014).
Sort: Relevance Newest Treatment
E. Associated Coal Co. v. Dir., Off. of Workers' Comp. Programs, 578 F. App'x 165 (4th Cir. 2014). · cites it 3× “20 C.F.R. §§ 725.522 , 725.420; see also 26 U.”
Paul F. Bracher & Leroy Elzer v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 14 F.3d 1157 (7th Cir. 1994). · cites it 4× “20 C.F.R. § 725.522 . The Act and regulations require a waiver from repayment if a claimant was without fault in creating the overpayment, and recovery would either defeat the purposes of the Act or be against equity and good conscience.”
Edward P. McConnell v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 993 F.2d 1454 (10th Cir. 1993). · cites it 3× “The regulations at 20 C.F.R. § 725.522 specifically contemplate recovery in the situations described by McConnell.”
Reich v. Youghiogheny & Ohio Coal Co., 858 F. Supp. 1381 (S.D. Ohio 1994). · cites it 6× “§ 9501 (d)(1)(A); 20 C.F.R. §§ 725.522 (b) and 725.701A, pending a formal hearing requested by employer, Y & O, for purposes of controverting the award.”
Old Ben Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & James E. Hilliard, 292 F.3d 533 (7th Cir. 2002). “First, all parties agree that, pursuant to applicable statutes and regulations, the DOL may seek repayment from Mrs. Hilliard of the amount paid to Mr.”
Stapleton v. Westmoreland Coal Co., 785 F.2d 424 (4th Cir. 1986). · cites it 2× “Even assuming otherwise, however, we conclude that the Board erred in relying on the Longshoremen’s Act to interpret 20 C.”
Lelia Napier, Adm'x of the Est. of John Napier v. Dir., Off. of Workers' Comp. Programs, 999 F.2d 1032 (6th Cir. 1993). · cites it 2× “In this connection she attempts to downplay the significance of 20 C.F.R. § 725.522 (c), which provides as follows: “If benefit payments are commenced prior to the final adjudication of the claim and it is later determined by an administrative law judge, the Board, or [a] court…”
Ila Redden (Widow of Ray Redden), & Mulga Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 825 F.2d 337 (11th Cir. 1987). “20 C.F.R. § 725.522 (a), (b). The Government asserts that “the Director’s regulations on over-payments adequately protect Mrs.”
Burton v. Drummond Co., 350 F. Supp. 3d 1198 (N.D. Ala. 2018). “§ 9501 (d)(1)(A), and the BLBA's implementing regulations, 20 C.F.R. § 725.522 (a). (Doc. # 1 at ¶ 25).”
Thacker v. Old Repub. Ins. Co. (E.D. Ky. 2019). · cites it 3× “) Old Republic further contends that 20 C.F.R. § 725.522 excuses employers from paying “interim benefits until a final calculation is provided by the District Director.”
BethEnergy Mines, Inc. v. Dir., Off. of Workers' Comp. Programs, 32 F.3d 843 (3rd Cir. 1994). “2d at 1272; 20 C.F.R. § 725.522 (1993). In certain circumstances, as those presented in these cases, when miners seek payment *846 of medical expenses incurred for treatment of pneumoconiosis (“medical benefits only” or “MBO” claims), the Fund pays claimants before Operator…”
Dir., Off. of Workers' Comp. Programs v. E. Associated Coal Corp., 54 F.3d 141 (3rd Cir. 1995). “§ 9501 (d)(1); 20 C.F.R. § 725.522 (b). If an administrative law judge, the Board, or a court later determines that the recipient was entitled to the amount paid from the Fund and that the operator was liable, the responsible operator must repay the Fund.”
Show all 16 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.