U.S. Code » Title 30 » Chapter CHAPTER 22— MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER IV— BLACK LUNG BENEFITS › Part Part C— Claims for Benefits After December 31, 1973

30 U.S.C. § 931

Benefits under State workmen’s compensation laws

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(a) Filing

On and after January 1, 1974, any claim for benefits for death or total disability due to pneumoconiosis shall be filed pursuant to the applicable State workmen’s compensation law, except that during any period when miners or their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen’s compensation law which provides adequate coverage for pneumoconiosis, and in any case in which benefits based upon eligibility under paragraph (5) of section 921(c) of this title are involved.11 So in original. The period probably should be a comma. they shall be entitled to claim benefits under this part.

(b) Adequacy of compensation; listing of States providing adequate compensation; requisites for listing(1) For purposes of this section, a State workmen’s compensation law shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in the list of State laws found by the Secretary to provide such adequate coverage during such period. The Secretary shall, no later than October 1, 1972, publish in the Federal Register a list of State workmen’s compensation laws which provide adequate coverage for pneumoconiosis and shall revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation.(2) The Secretary shall include a State workmen’s compensation law on such list during any period only if he finds that during such period under such law—(A) benefits must be paid for total disability or death of a miner due to pneumoconiosis, except that (i) such law shall not be required to provide such benefits where the miner’s last employment in a coal mine terminated before the Secretary’s approval of the State law pursuant to this section; and (ii) each operator of a coal mine shall secure the payment of benefits pursuant to section 933 of this title with respect to any miner whose last employment in a coal mine terminated before the Secretary’s approval of the State law pursuant to this section;(B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by section 922(a) of this title;(C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to section 902(f) of this title and to those standards established under this part, and by the regulations of the Secretary promulgated under this part;(D) any claim for benefits on account of total disability of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years after a medical determination of total disability due to pneumoconiosis;(E) there are in effect provisions with respect to prior and successor operators which are substantially equivalent to the provisions contained in section 932(i) of this title; and(F) there are applicable such other provisions, regulations or interpretations, which are consistent with the provisions contained in Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended [33 U.S.C. 901 et seq.], which are applicable under section 932(a) of this title, but are not inconsistent with any of the criteria set forth in subparagraphs (A) through (E) of this paragraph, as the Secretary, in accordance with regulations promulgated by him, determines to be necessary or appropriate to assure adequate compensation for total disability or death due to pneumoconiosis.The action of the Secretary in including or failing to include any State workmen’s compensation law on such list shall be subject to judicial review exclusively in the United States court of appeals for the circuit in which the State is located or the United States Court of Appeals for the District of Columbia.(c) Publication in Federal Register; review of listings

Final regulations required for implementation of any amendments to this part shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the sixth month following the month in which such amendments are enacted.

(Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), 4(e), 5(3), (5), May 19, 1972, 86 Stat. 151, 154, 155; Pub. L. 95–239, §§ 3(b)(3), 6, Mar. 1, 1978, 92 Stat. 97, 98.)Editorial NotesReferences in Text

Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables.

Amendments

1978—Subsec. (a). Pub. L. 95–239, § 3(b)(3), inserted reference to cases in which benefits based upon eligibility under par. (5) of section 921(c) of this title are involved.

Subsec. (b)(2)(A). Pub. L. 95–239, § 6(a), added the exceptions set out in cls. (i) and (ii).

Subsec. (b)(2)(C). Pub. L. 95–239, § 6(b), substituted “established under this part, and by the regulations of the Secretary promulgated under this part” for “established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder”.

Subsec. (b)(2)(D). Pub. L. 95–239, § 6(c), substituted “total disability of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years after a medical determination of total disability due to pneumoconiosis” for “total disability or death of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years of the discovery of total disability due to pneumoconiosis, or the date of such death, as the case may be”.

1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widows, children, parents, brothers, or sisters, as the case may be,” for “widows” and “1974” for “1973”.

Subsec. (b)(2)(C). Pub. L. 92–303, § 4(e), substituted “section 902(f) of this title and to those standards established under part B of this subchapter” for “those established by section 921 of this title”.

Subsec. (c). Pub. L. 92–303, § 5(5), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by section 4(e) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out as a note under section 921 of this title.

Notes of Decisions
Cited in 57 cases, 1974–2016 · leading case: Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976).
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Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976). · cites it 5× “IV), claims filed after December 31, 1973, are to be processed under an applicable state workmen's compensation law approved by the Secretary of Labor under the standards set forth in § 421, 30 U. S. C. § 931 (1970 ed. and Supp. IV).”
Mullins Coal Co. of Va. v. Dir., Off. of Workers' Comp. Programs, 484 U.S. 135 (1988). · cites it 2× “[3] Part C is codified at 30 U. S. C. § 931 et seq. [4] See 20 CFR pt.”
Dir., Off. of Workers' Comp. Programs v. Lilburn Rowe, 710 F.2d 251 (6th Cir. 1983). · cites it 2× “Lilburn Rowe filed a claim for benefits under Part C of the Black Lung Benefits Act, 30 U.S.C. § 931 et seq., alleging that his work in coal mines from 1935-1957 left him totally disabled due to pneumoconiosis.”
James W. Begley v. F. David Mathews, Sec'y of Health, Educ. & Welfare, 544 F.2d 1345 (6th Cir. 1976). · cites it 2× “While the ultimate burden of financing Black Lung insurance programs was placed on the mine owners themselves, 30 U.S.C. § 931 et seq., the financial burden of having to pay benefits to the great backlog of diseased miners and their widows was felt to be too great for private…”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Opal Bivens, George Hill, 757 F.2d 781 (6th Cir. 1985). · cites it 3× “See 30 U.S.C. §§ 931 (a), 932(a). Part C is administered by the Secretary of Labor.”
Youghiogheny & Ohio Coal Co. v. Warren, 841 F.2d 134 (6th Cir. 1987). · cites it 3× “§ 727 because the claim was filed in 1979, a date after that by which 30 U.S.C. § 931 (c) required the Department of Labor to have issued new final regulations replacing the interim regulations.”
Dir., Off. of Workers' Comp. Programs v. Peabody Coal Co., 554 F.2d 310 (7th Cir. 1977). · cites it 10× “, § 421(b)(2)(F), 30 U.S.C. § 931 (b)(2)(F) (1970 ed. and Supp.”
Paul D. Clark v. Crown Constr. Co. v. Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor, Party-In-Interest, 887 F.2d 149 (8th Cir. 1989). · cites it 3× “At an earlier stage of the case, Crown Construction Company’s insurance carrier filed before the Department of Labor a motion to dismiss Clark’s claim on the ground that pursuant to 30 U.S.C. § 931 (a) he should have filed his claim with the Arkansas Workmen’s Compensation…”
Talley v. Mathews, 550 F.2d 911 (4th Cir. 1977). · cites it 3× “§§ 921-925 , those filed on or before December 31, 1973; *915 and the Secretary of Labor administers claims under Part C, 30 U.S.C. §§ 931 , 941, those filed after December 31,1973.”
In the Matter of Twin Pines Coal Co. v. United States Dep't of Labor, & Charles L. White, Real Party in Interest, 854 F.2d 1212 (10th Cir. 1988). · cites it 2× “Part C of subsection IV, 30 U.S.C. § 931 to 945, specifies that in states which do not have worker’s compensation benefits at qualifying levels for those suffering from pneumoconiosis who file for benefits after December 31, 1973, the black lung benefit will be paid by the…”
West Virginia Cwp Fund v. Elsie Stacy, 671 F.3d 378 (4th Cir. 2011). “, 30 U.S.C. § 931 (a); 20 C.F.R. § 718.205 (a), the plain language supports the Director’s position that amended § 932(i) applies to survivors’ claims that comply with Section 1556(c)’s effective date requirements.”
Falcon Coal Co., Inc. v. Corbett Clemons, 873 F.2d 916 (6th Cir. 1989). · cites it 2× “Should Interim or Permanent Regulations be Applied? Falcon argues that 30 U.S.C. § 931 (c) requires that Clemons’ claim be evaluated under the permanent regulations set forth at 20 C.”
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— 30 U.S.C. § 931(b)(2) — 1 case
Fugate v. United States Steel Corp., 528 S.W.2d 691 (Ky. Ct. App. 1975).
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