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. § 725.608

Interest

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(a)(1) In any case in which an operator fails to pay benefits that are due (§ 725.502), the beneficiary shall also be entitled to simple annual interest, computed from the date on which the benefits were due. The interest shall be computed through the date on which the operator paid the benefits, except that the beneficiary shall not be entitled to interest for any period following the date on which the beneficiary received payment of any benefits from the fund pursuant to § 725.522.

(2) In any case in which an operator is liable for the payment of retroactive benefits, the beneficiary shall also be entitled to simple annual interest on such benefits, computed from 30 days after the date of the first determination that such an award should be made. The first determination that such an award should be made may be a district director's initial determination of entitlement, an award made by an administrative law judge or a decision by the Board or a court, whichever is the first such determination of entitlement made upon the claim.

(3) In any case in which an operator is liable for the payment of additional compensation (§ 725.607), the beneficiary shall also be entitled to simple annual interest computed from the date upon which the beneficiary's right to additional compensation first arose.

(4) In any case in which an operator is liable for the payment of medical benefits, the beneficiary or medical provider to whom such benefits are owed shall also be entitled to simple annual interest, computed from the date upon which the services were rendered, or from 30 days after the date of the first determination that the miner is generally entitled to medical benefits, whichever is later. The first determination that the miner is generally entitled to medical benefits may be a district director's initial determination of entitlement, an award made by an administrative law judge or a decision by the Board or a court, whichever is the first such determination of general entitlement made upon the claim. The interest shall be computed through the date on which the operator paid the benefits, except that the beneficiary or medical provider shall not be entitled to interest for any period following the date on which the beneficiary or medical provider received payment of any benefits from the fund pursuant to § 725.522 or subpart I of this part.

(b) If an operator or other employer fails or refuses to pay any or all benefits due pursuant to an award of benefits or an initial determination of eligibility made by the district director and the fund undertakes such payments, such operator or other employer shall be liable to the fund for simple annual interest on all payments made by the fund for which such operator is determined liable, computed from the first date on which such benefits are paid by the fund, in addition to such operator's liability to the fund, as is otherwise provided in this part. Interest payments owed pursuant to this paragraph shall be paid directly to the fund.

(c) In any case in which an operator is liable for the payment of an attorney's fee pursuant to § 725.367, and the attorney's fee is payable because the award of benefits has become final, the attorney shall also be entitled to simple annual interest, computed from the date on which the attorney's fee was awarded. The interest shall be computed through the date on which the operator paid the attorney's fee.

(d) The rates of interest applicable to paragraphs (a), (b), and (c) of this section shall be computed as follows:

(1) For all amounts outstanding prior to January 1, 1982, the rate shall be 6% simple annual interest;

(2) For all amounts outstanding for any period during calendar year 1982, the rate shall be 15% simple annual interest; and

(3) For all amounts outstanding during any period after calendar year 1982, the rate shall be simple annual interest at the rate established by section 6621 of the Internal Revenue Code (26 U.S.C.) which is in effect for such period.

(e) The fund shall not be liable for the payment of interest under any circumstances, other than the payment of interest on advances from the United States Treasury as provided by section 9501(c) of the Internal Revenue Code (26 U.S.C.).

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1984–2026 · leading case: Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012).
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Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012). · cites it 4× “§ 934 (b)(1)(5)(B); 20 C.F.R. § 725.608 (d)(3). As the Director persuasively argues, the absence of a comparable provision mandating application of the § 6621 rate under the Longshore Act—despite the paral- lelism of many other aspects of the two statutes—undercuts any inference…”
Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017). · cites it 7× “In addition, the Plaintiff asserts, "A lump-sum reimbursement was due on April 3, 2013 .... Interest on that payment began to accrue on April 13, 2013.”
Stapleton v. Westmoreland Coal Co., 785 F.2d 424 (4th Cir. 1986). · cites it 7× “Pre-judgment Interest The interest regulation at issue in Mullins, 20 C.F.R. § 725.608 (a) (1979), provides that: If an operator or other employer fails or refuses to pay any or all benefits due under the terms of an initial determination by a deputy commissioner (§ 725.”
Reich v. Youghiogheny & Ohio Coal Co., 858 F. Supp. 1381 (S.D. Ohio 1994). · cites it 7× “§ 934 , 20 C.F.R. § 725.608 (b). On September 4,1992, the plaintiff filed its original complaint which it subsequently amended on May 5, 1993.”
Youghiogheny & Ohio Coal Co. v. Warren, 841 F.2d 134 (6th Cir. 1987). · cites it 2× “The Benefits Review Board has consistently held that 20 C.F.R. § 725.608 (a) requires the assessment of interest from the date of the claimant’s eligibility under the Act.”
Comm. on Legal Ethics of the West Virginia State Bar v. Triplett, 378 S.E.2d 82 (W. Va. 1988). · cites it 2× “§ 934 , 20 CFR § 725.608 . [18] The DOL does not have a formal policy establishing a maximum hourly rate.”
Combs v. Elkay Mining Co., 881 F. Supp. 2d 728 (S.D.W. Va 2012). · cites it 2× “§ 914 (f); (2) interest on the additional compensation under 20 C.F.R. § 725.608 (a)(3); (3) interest on the retroactive benefits under 20 C.”
Peabody Coal Co. v. Blankenship, 773 F.2d 173 (7th Cir. 1985). · cites it 3× “such operator shall be liable for simple annual interest on all past due benefits computed from the date on which such benefits were due and payable____ 20 C.F.R. § 725.608 (a). The Director interprets this regulation to require that interest on claimant’s award be computed from…”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.608 : This rule requires an operator to pay interest to beneficiaries or the fund when they fail to pay benefits due or when retroactive benefits are awarded.”
Robert B. Reich, Sec'y, United States Dep't of Labor v. The Youghiogheny & Ohio Coal Co., 66 F.3d 111 (6th Cir. 1995). “§ 934 (b)(5); 20 C.F.R. § 725.608 (c). Claims for medical benefits only are filed, processed and adjudicated in the same way, except that the DOL is required to accept the Social Security Administration’s finding of entitlement as its initial determination.”
Bethlehem Mines Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 766 F.2d 128 (3rd Cir. 1985). · cites it 2× “shall be liable for 6 percent simple annual interest on all past due benefits computed from the date on which such benefits were due and payable____ 20 C.F.R. § 725.608 (a) (1978), amended by 20 C.”
Scalia v. Chevron Mining, Inc. (W.D. Ky. 2021). · cites it 15× “at PageID 51-52) (citing 20 C.F.R. § 725.608 (a) & (b); 30 U.S.C. § 932 (d); Youghiogheny & Ohio Coal Co.”
Show all 21 citing cases →
— 20 C.F.R. § 725.608(a) — 2 cases
Youghiogheny & Ohio Coal Co. v. Warren, 841 F.2d 134 (6th Cir. 1987). “The Benefits Review Board has consistently held that 20 C.F.R. § 725.608 (a) requires the assessment of interest from the date of the claimant’s eligibility under the Act.”
Youghiogheny & Ohio Coal Co. v. Warren, 830 F.2d 194 (6th Cir. 1987).
— 20 C.F.R. § 725.608(a)(3) — 1 case
Hunter (W.D. Ky. 2026).
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