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
Notwithstanding the provisions of § 725.603, if an operator or other employer or its officers or agents fails to comply with an order awarding benefits that has become final, any beneficiary of such award or the district director may apply for the enforcement of the order to the Federal district court for the judicial district in which the injury occurred (or to the U.S. District Court for the District of Columbia if the injury occurred in the District). If the court determines that the order was made and served in accordance with law, and that such operator or other employer or its officers or agents have failed to comply therewith, the court shall enforce obedience to the order by writ of injunction or by other proper process, mandatory or otherwise, to enjoin upon such operator or other employer and its officers or agents compliance with the order.
Notes of Decisions
Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017).
· cites it 3× “Further, failure to pay benefits as ordered may result in enforcement of the final award in Federal District Court ( 20 CFR 725.604 ). An appeal does not stay this penalty unless an Order staying payments has been issued by the Board or Court.”
Thacker v. Old Repub. Ins. Co., No. 7:18-cv-00085 (E.D. Ky. Sept. 13, 2019).
“Further, failure to pay benefits as ordered may result in enforcement of the final award in Federal District Court ( 20 C.F.R. § 725.604 ). An appeal does not stay this payment of additional compensation unless an Order staying payments has been issued by the Board or Court.”
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