CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL
MINE SAFETY AND HEALTH ACT, AS AMENDED
Subpart
A-General Sec.
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 Definitions and use of terms.
725.102 Disclosure of program information.
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
725.202 Miner defined; condition of entitlement, miner.
725.203 Duration of entitlement; miner.
Benefits on Account of Living 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.
Survivors' Entitlement
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 a 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.
Terms Used in This Subpart 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.
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 Duplicate claims.
725.310 Modification of awards and denials.
725.311 Communications with respect to claims; time computations.
Subpart
D-Adjudication of Claims; Adjudication Officers 725.350 Who are the
adjudication officers.
725.351 Powers of adjudication officers.
725.352 Disqualification of adjudication officer.
Parties and Representatives
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.
725.401 Claims development_general.
725.402 Approved State workers' compensation law.
725.403 Requirement to file under State workers' compensation law_section 415 claims.
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 Additional medical evidence.
725.408 Refusal to submit to medical examinations or tests.
725.409 Denial of a claim by reason of abandonment.
Adjudication by the Deputy Commissioner
725.410 Initial findings by the deputy commissioner.
725.411 Adjudication upon initial findings of eligibility and no operator responsibility.
725.412 Identification and notification of responsible operator.
725.413 Operator's response to notification.
725.414 Development of operator's evidence, claimant's rebuttal evidence.
725.415 Action by the deputy commissioner after development of operator's 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.
Subpart
E-Hearings 725.450 Right to a hearing.
725.451 Request for hearing.
725.452 Type of hearing; parties.
725.453 Notice of hearing.
725.453A Time and place of hearing.
725.454 Change of time and place for 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.
725.459A Oral argument and written allegations.
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.
Subpart
F-Responsible Coal Mine Operators General Provisions
725.490 Statutory provisions and scope.
725.491 Operator defined.
725.492 Responsible operator defined.
725.493 Criteria for identifying a responsible operator.
725.494 Insurance coverage.
725.495 Penalty for failure to insure.
725.496 Special claims transferred to the Trust Fund.
725.497 Procedures in special claims transferred to the Trust Fund.
Subpart
G-Payment of Benefits 725.501 Payment provisions generally.
725.502 Manner of payment; payment periods.
725.503 Date from which benefits are payable.
725.503A Payments to a claimant employed as a miner.
725.504 Payees.
725.505 Payment on behalf of another; ``legal guardian'' defined.
725.506 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 Reduction; 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.
Subpart
H-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.
725.620 Failure to secure benefits; other penalties.
725.621 Reports.
Subpart
I-Medical Benefits and Vocational Rehabilitation 725.701 Availability of medical
benefits.
725.701A Claims for medical benefits only under section 11 of the Reform Act.
725.702 Physician defined.
725.703 Notification of right to medical benefits; authorization of treatment.
725.704 Arrangements for medical care.
725.705 Authorization to provide medical services.
725.706 Reports of physicians and supervision of medical care.
725.707 Disputes concerning medical benefits.
725.710 Objective of vocational rehabilitation.
725.711 Requests for referral to vocational rehabilitation assistance.
Authority: 5 U.S.C. 301, Reorganization Plan No. 6 of 1950, 15 FR 3174, 30
U.S.C. 901 et seq., 902(f), 925, 932, 934, 936, 945; 33 U.S.C. 901 et seq., Secretary's Order 7-87,
52 FR 48466, Employment Standards Order No. 90-02.
Source: 43 FR 36772, Aug. 18, 1978, unless otherwise noted.
