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. § 725.607

Payments of additional compensation

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(a) If any benefits payable under the terms of an award by a district director (§ 725.419(d)), a decision and order filed and served by an administrative law judge (§ 725.478), or a decision filed by the Board or a U.S. court of appeals, are not paid by an operator or other employer ordered to make such payments within 10 days after such payments become due, there will be added to such unpaid benefits an amount equal to 20 percent thereof, which must be paid to the claimant at the same time as, but in addition to, such benefits, unless review of the order making such award is sought as provided in section 21 of the LHWCA and an order staying payments has been issued.

(b) If, on account of an operator's or other employer's failure to pay benefits as provided in paragraph (a) of this section, benefit payments are made by the fund, the eligible claimant will nevertheless be entitled to receive such additional compensation to which he or she may be eligible under paragraph (a), with respect to all amounts paid by the fund on behalf of such operator or other employer.

(c) The fund may not be held liable for payments of additional compensation under any circumstances.

[81 FR 24482, Apr. 26, 2016]
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 1994–2026 · leading case: Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017).
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Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017). · cites it 18× “(In a footnote, the letter continues: See 20 CFR 725.607 and Section 14(f) of the Longshoremen's and Harbor Workers' Compensation Act as incorporated by Section 422(a) of the Black Lung Benefits Act.”
Nowlin v. E. Associated Coal Corp., 331 F. Supp. 2d 465 (N.D. W. Va. 2004). · cites it 17× “2 As reflected in the motions before the Court, the penalty provision is implemented through 20 C.F.R. § 725.607 . II. Standard of Law A moving party is entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with…”
Burton v. Drummond Co., 350 F. Supp. 3d 1198 (N.D. Ala. 2018). · cites it 6× “§ 914 (f) and 20 C.F.R. § 725.607 . (Doc. # 15 at 55, 100).”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). · cites it 3× “20 C.F.R. § 725.607 : This rule provides that the responsible operator must pay additional compensation to a beneficiary if they fail to pay benefits awarded within ten days of the due date.”
Thacker v. Old Repub. Ins. Co., 416 F. Supp. 3d 651 (E.D. Ky. 2019). · cites it 36× “§ 914 (f)1 and 20 C.F.R. § 725.607 . (DE 1 at 1.) Donald Clevenger worked for E F & B Coal in Eastern Kentucky until he retired in 1985.”
Hunter, No. 4:25-cv-00020 (W.D. Ky. Feb. 19, 2026). · cites it 26× “Counsel therefore requested that the OWCP instruct Defendants “to pay the penalty and interest contemplated in 20 C.F.R. Sections 725.607 and 725.608 . .”
Reich v. Youghiogheny & Ohio Coal Co., 858 F. Supp. 1381 (S.D. Ohio 1994). “20 C.F.R. § 725.607 (a); Howell v. Unit Coal Corp.”
Lester v. Consolidation Coal Co., No. 5:22-cv-00324 (S.D. W. Va. Nov. 17, 2023). · cites it 8× “Absent payment within ten days of the date due, Defendants were advised they may be subject to payment of additional compensation of up to 20% of the amount due in accord with 20 C.F.R. § 725.607 . [ECF 34 at 4-5]. On August 29, 2022, Defendants received the OWCP Director’s…”
Lester v. Consolidation Coal Co., No. 5:22-cv-00324 (S.D. W. Va. May 28, 2024). · cites it 3× “They asserted their benefit payments were timely under 20 C.F.R. § 725.607 (a) and thus no 20% late penalty should be applied.”
Lester v. Consolidation Coal Co., No. 5:22-cv-00324 (S.D. W. Va. Apr. 5, 2023). · cites it 2× “Absent payment within ten days of the date due, Defendants were advised they may be subject to payment of additional compensation of up to 20% of the amount due in accord with 20 C.F.R. § 725.607 . On August 29, 2022, Defendants received the OWCP’s letter and paid all…”
Templeton v. Appolo Fuels, Inc., 525 F. Supp. 3d 802 (E.D. Ky. 2021). “§ 914 (f); 20 C.F.R. § 725.607 . Further, a like additional 20 per centum award applies to each additional payment due and unpaid within the period described in §§ 914(f) and 725.”
Ramsey v. Cedar Trucking Co., Inc., No. 2:20-cv-00413 (S.D. W. Va. Nov. 10, 2020). “” 20 C.F.R. § 725.607 . Therefore, Cedar Trucking owes an additional 20% compensation based on the $35,609 owed to Ramsey, as well as the $33,961.”
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20 C.F.R. § 725.607(a): 1 case
Hunter, No. 4:25-cv-00020 (W.D. Ky. Feb. 19, 2026). “Counsel therefore requested that the OWCP instruct Defendants “to pay the penalty and interest contemplated in 20 C.F.R. Sections 725.607 and 725.608 . .”
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