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Electronic Code of Federal Regulations

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e-CFR Data is current as of December 18, 2014

Title 20Chapter VISubchapter BPart 725


TITLE 20—Employees' Benefits

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

rule

Subpart A—GENERAL

§725.1
Statutory provisions.
§725.2
Purpose and applicability of this part.
§725.3
Contents of this part.
§725.4
Applicability of other parts in this title.
§725.101
Definition and use of terms.
§725.102
Disclosure of program information.
§725.103
Burden of proof.
rule

Subpart B—PERSONS ENTITLED TO BENEFITS, CONDITIONS, AND DURATION OF ENTITLEMENT

§725.201
Who is entitled to benefits; contents of this subpart.

Conditions and Duration of Entitlement: Miner

§725.202
Miner defined; condition of entitlement, miner.
§725.203
Duration and cessation of entitlement; miner.

Conditions and Duration of Entitlement: Miner's Dependents (Augmented Benefits)

§725.204
Determination of relationship; spouse.
§725.205
Determination of dependency; spouse.
§725.206
Determination of relationship; divorced spouse.
§725.207
Determination of dependency; divorced spouse.
§725.208
Determination of relationship; child.
§725.209
Determination of dependency; child.
§725.210
Duration of augmented benefits.
§725.211
Time of determination of relationship and dependency of spouse or child for purposes of augmentation of benefits.
§725.212
Conditions of entitlement; surviving spouse or surviving divorced spouse.
§725.213
Duration of entitlement; surviving spouse or surviving divorced spouse.
§725.214
Determination of relationship; surviving spouse.
§725.215
Determination of dependency; surviving spouse.
§725.216
Determination of relationship; surviving divorced spouse.
§725.217
Determination of dependency; surviving divorced spouse.
§725.218
Conditions of entitlement; child.
§725.219
Duration of entitlement; child.
§725.220
Determination of relationship; child.
§725.221
Determination of dependency; child.
§725.222
Conditions of entitlement; parent, brother, or sister.
§725.223
Duration of entitlement; parent, brother, or sister.
§725.224
Determination of relationship; parent, brother, or sister.
§725.225
Determination of dependency; parent, brother, or sister.
§725.226
“Good cause” for delayed filing of proof of support.
§725.227
Time of determination of relationship and dependency of survivors.
§725.228
Effect of conviction of felonious and intentional homicide on entitlement to benefits.
§725.229
Intestate personal property.
§725.230
Legal impediment.
§725.231
Domicile.
§725.232
Member of the same household—“living with,” “living in the same household,” and “living in the miner's household,” defined.
§725.233
Support and contributions.
rule

Subpart C—FILING OF CLAIMS

§725.301
Who may file a claim.
§725.302
Evidence of authority to file a claim on behalf of another.
§725.303
Date and place of filing of claims.
§725.304
Forms and initial processing.
§725.305
When a written statement is considered a claim.
§725.306
Withdrawal of a claim.
§725.307
Cancellation of a request for withdrawal.
§725.308
Time limits for filing claims.
§725.309
Additional claims; effect of prior denial of benefits.
§725.310
Modification of awards and denials.
§725.311
Communications with respect to claims; time computations.
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Subpart D—ADJUDICATION OFFICERS; PARTIES AND REPRESENTATIVES

§725.350
Who are the adjudication officers?
§725.351
Powers of adjudication officers.
§725.352
Disqualification of adjudication officer.
§725.360
Parties to proceedings.
§725.361
Party amicus curiae.
§725.362
Representation of parties.
§725.363
Qualification of representative.
§725.364
Authority of representative.
§725.365
Approval of representative's fees; lien against benefits.
§725.366
Fees for representatives.
§725.367
Payment of a claimant's attorney's fee by responsible operator or fund.
rule

Subpart E—ADJUDICATION OF CLAIMS BY THE DISTRICT DIRECTOR

§725.401
Claims development—general.
§725.402
Approved State workers' compensation law.
§725.403
[Reserved]
§725.404
Development of evidence—general.
§725.405
Development of medical evidence; scheduling of medical examinations and tests.
§725.406
Medical examinations and tests.
§725.407
Identification and notification of responsible operator.
§725.408
Operator's response to notification.
§725.409
Denial of a claim by reason of abandonment.
§725.410
Submission of additional evidence.
§725.411
Initial adjudication in Trust Fund cases.
§725.412
Operator's response.
§725.413
[Reserved]
§725.414
Development of evidence.
§725.415
Action by the district director after development of evidence.
§725.416
Conferences.
§725.417
Action at the conclusion of conference.
§725.418
Proposed decision and order.
§725.419
Response to proposed decision and order.
§725.420
Initial determinations.
§725.421
Referral of a claim to the Office of Administrative Law Judges.
§725.422
Legal assistance.
§725.423
Extensions of time.
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Subpart F—HEARINGS

§725.450
Right to a hearing.
§725.451
Request for hearing.
§725.452
Type of hearing; parties.
§725.453
Notice of hearing.
§725.454
Time and place of hearing; transfer of cases.
§725.455
Hearing procedures; generally.
§725.456
Introduction of documentary evidence.
§725.457
Witnesses.
§725.458
Depositions; interrogatories.
§725.459
Witness fees.
§725.460
Consolidated hearings.
§725.461
Waiver of right to appear and present evidence.
§725.462
Withdrawal of controversion of issues set for formal hearing; effect.
§725.463
Issues to be resolved at hearing; new issues.
§725.464
Record of hearing.
§725.465
Dismissals for cause.
§725.466
Order of dismissal.
§725.475
Termination of hearings.
§725.476
Issuance of decision and order.
§725.477
Form and contents of decision and order.
§725.478
Filing and service of decision and order.
§725.479
Finality of decisions and orders.
§725.480
Modification of decisions and orders.
§725.481
Right to appeal to the Benefits Review Board.
§725.482
Judicial review.
§725.483
Costs in proceedings brought without reasonable grounds.
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Subpart G—RESPONSIBLE COAL MINE OPERATORS

§725.490
Statutory provisions and scope.
§725.491
Operator defined.
§725.492
Successor operator defined.
§725.493
Employment relationship defined.
§725.494
Potentially liable operators.
§725.495
Criteria for determining a responsible operator.
§725.496
Special claims transferred to the fund.
§725.497
Procedures in special claims transferred to the fund.
rule

Subpart H—PAYMENT OF BENEFITS

General Provisions

§725.501
Payment provisions generally.
§725.502
When benefit payments are due; manner of payment.
§725.503
Date from which benefits are payable.
§725.504
Payments to a claimant employed as a miner.
§725.505
Payees.
§725.506
Payment on behalf of another; “legal guardian” defined.
§725.507
Guardian for minor or incompetent.
§725.510
Representative payee.
§725.511
Use and benefit defined.
§725.512
Support of legally dependent spouse, child, or parent.
§725.513
Accountability; transfer.
§725.514
Certification to dependent of augmentation portion of benefit.
§725.515
Assignment and exemption from claims of creditors.

Benefit Rates

§725.520
Computation of benefits.
§725.521
Commutation of payments; lump sum awards.
§725.522
Payments prior to final adjudication.

Special Provisions for Operator Payments

§725.530
Operator payments; generally.
§725.531
Receipt for payment.
§725.532
Suspension, reduction, or termination of payments.

Increases and Reductions of Benefits

§725.533
Modification of benefits amounts; general.
§725.534
Reduction of State benefits.
§725.535
Reductions; receipt of State or Federal benefit.
§725.536
Reductions; excess earnings.
§725.537
Reductions; retroactive effect of an additional claim for benefits.
§725.538
Reductions; effect of augmentation of benefits based on subsequent qualification of individual.
§725.539
More than one reduction event.

Overpayments; Underpayments

§725.540
Overpayments.
§725.541
Notice of waiver of adjustment or recovery of overpayment.
§725.542
When waiver of adjustment or recovery may be applied.
§725.543
Standards for waiver of adjustment or recovery.
§725.544
Collection and compromise of claims for overpayment.
§725.545
Underpayments.
§725.546
Relation to provisions for reductions or increases.
§725.547
Applicability of overpayment and underpayment provisions to operator or carrier.
§725.548
Procedures applicable to overpayments and underpayments.
rule

Subpart I—ENFORCEMENT OF LIABILITY; REPORTS

§725.601
Enforcement generally.
§725.602
Reimbursement of the fund.
§725.603
Payments by the fund on behalf of an operator; liens.
§725.604
Enforcement of final awards.
§725.605
Defaults.
§725.606
Security for the payment of benefits.
§725.607
Payments in addition to compensation.
§725.608
Interest.
§725.609
Enforcement against other persons.
§725.620
Failure to secure benefits; other penalties.
§725.621
Reports.
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Subpart J—MEDICAL BENEFITS AND VOCATIONAL REHABILITATION

§725.701
Availability of medical benefits.
§725.702
Claims for medical benefits only under section 11 of the Reform Act.
§725.703
Physician defined.
§725.704
Notification of right to medical benefits; authorization of treatment.
§725.705
Arrangements for medical care.
§725.706
Authorization to provide medical services.
§725.707
Reports of physicians and supervision of medical care.
§725.708
Disputes concerning medical benefits.
§725.710
Objective of vocational rehabilitation.
§725.711
Requests for referral to vocational rehabilitation assistance.


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