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. § 940

Applicability of amendments to part B of this subchapter to this part

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The amendments made by the Black Lung Benefits Act of 1972, the Black Lung Benefits Reform Act of 1977 and the Black Lung Benefits Amendments of 1981 to part B of this subchapter shall, to the extent appropriate, also apply to this part.

Notes of Decisions
Cited in 10 cases, 1974–2007 · 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 6× “The Court's analysis omits any consideration of the effect of § 430, as set forth in 30 U. S. C. § 940 (1970 ed., Supp. IV), which provides as follows: "The amendments made by the Black Lung Benefits Act of 1972 to part B of this subchapter shall, to the extent appropriate, also…”
Tennessee Consol. Coal Co. v. Clarence O. Crisp, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 866 F.2d 179 (6th Cir. 1989). · cites it 3× “” 30 U.S.C. § 940 . Petitioner thus contends that the Secretary of Labor should have promulgated the final regulations in Part 718 within four months after the month in which its enabling statute became effective.”
Robert E. McCOWN (85-5471), Willie Robinson (85-5472), Plaintiffs-Appellants, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 796 F.2d 151 (6th Cir. 1986). · cites it 3× “” See 30 U.S.C. § 940 (emphasis added). 6 Appellants urged that the plain *156 meaning of these provisions should be conjoined to infer that Part C benefits, like Part B benefits, could not be considered workers’ compensation for purposes of § 922(b), and as such their social…”
Falcon Coal Co., Inc. v. Corbett Clemons, 873 F.2d 916 (6th Cir. 1989). “” 30 U.S.C. § 940 . Accordingly, the final regulations in Part 718 may be applied strictly in a prospective fashion.”
Youghiogheny & Ohio Coal Co. v. Webb, 49 F.3d 244 (6th Cir. 1995). “See 30 U.S.C. § 940 . Accordingly, the Social Security Act, to the extent appropriate, is incorporated in Part C of the BLA via Part B.”
Nat'l Indep. Coal Operator's Ass'n v. Brennan, 372 F. Supp. 16 (D.D.C. 1974). “Under Section 430 of the Act, 30 U.S.C. § 940 , the 1972 amendments to Part B of the Act on government liability shall be applicable to Part C of the Act on operator liability.”
Elm Grove Coal Co. v. Dir., Off. of Workers' Comp. Programs, 480 F.3d 278 (4th Cir. 2007). · cites it 2× “30 U.S.C. § 940 . Part B, in turn, incorporates a number of provisions from Title II of the Social Security Act.”
Cantrell v. Schweiker, 532 F. Supp. 799 (W.D. Va. 1982). · cites it 3× “However, 30 U.S.C. § 940 provided: The amendments made by the Black Lung Benefits Act of 1972 and the Black Lung Reform Act of 1977 to Part B of this Subchapter shall, to the extent appropriate, also apply to this part.”
Begley v. Weinberger, 400 F. Supp. 901 (S.D. Ohio 1975). “See 30 U.S.C. § 940 , which provides as follows: The amendments made by the Black Lung Benefits Act of 1972 to part B of this subchapter shall, to the extent appropriate, also apply to this part: Provided, That for the purpose of determining the applicability of the presumption…”
Indian Mountain v. DOWCP (4th Cir. 1998). “" 30 U.S.C. § 940 (1994). Part C also incorporated numerous provisions of the Longshore Act, "except as otherwise provided .”
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