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 I—Enforcement of Liability; Reports

20 C.F.R. § 725.602

Reimbursement of the fund

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(a) In any case in which the fund has paid benefits, including medical benefits, on behalf of an operator or other employer which is determined liable therefore, or liable for a part thereof, such operator or other employer shall simultaneously with the first payment of benefits made to the beneficiary, reimburse the fund (with interest) for the full amount of all benefit payments made by the fund with respect to the claim.

(b) In any case where benefit payments have been made by the fund, the fund shall be subrogated to the rights of the beneficiary. The Secretary of Labor may, as appropriate, exercise such subrogation rights.

Notes of Decisions
Cited in 4 cases, 1987–2014 · leading case: Price v. Stevedoring Services of America, Inc.
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Price v. Stevedoring Services of America, Inc. (2012) ca9 · cites it 2× “When those payments are later determined to be the liability of a mine operator, see 20 C.F.R. § 725.602 , the operator is required to repay the Trust Fund with interest at the § 6621 rate.”
Eastern Associated Coal Co. v. Director, Office of Workers' Compensation Programs (2014) ca4 “” 20 C.F.R. §§ 725.602 (b), 725.482(b). Upon final adjudication of the claim, the Director may seek reimbursement of the interim payments from the responsible operator, see 30 U.”
Connors v. Amax Coal Co. (1987) insd “20 C.F.R. § 725.602 (b). What the plaintiff trustees in this action are in effect alleging is that they have served a function similar to that of the Black Lung Disability Trust Fund by paying the black lung related medical expenses of their plan participants pending payment by…”
Director, Office of Workers' Compensation Programs v. Eastern Associated Coal Corp. (1995) ca3 “§ 934 (b)(1); 20 C.F.R. § 725.602 . Congress designed section 422(g) of the BLBA to prevent Part C claimants from receiving duplicative black lung benefits.”
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