(a) General. It is the purpose of this section to define procedures
to expedite the handling and disposition of claims affected by the
benefit liability transfer provisions of Section 205 of the Black Lung
Benefits Amendments of 1981.
(b) Action by the Department. The OWCP shall, in accordance with
the criteria contained in Sec. 725.496, review each claim which is or
may be affected by the provisions of Section 205 of the Black Lung
Benefits Amendments of 1981. Any party to a claim, adjudication
officer, or adjudicative body may request that such a review be
conducted and that the record be supplemented with any additional
documentation necessary for an informed consideration of the
transferability of the claim. Where the issue of the transferability of
the claim can not be resolved by agreement of the parties and the
evidence of record is not sufficient for a resolution of the issue, the
hearing record may be reopened or the case remanded for the development
of the additional evidence concerning the procedural history of the
claim necessary to such resolution. Such determinations shall be made
on an expedited basis.
(c) Dismissal of operators. If it is determined that a coal mine
operator or insurance carrier which previously participated in the
consideration or adjudication of any claim, may no longer be found
liable for the payment of benefits to the claimant by reason of section
205 of the Black Lung Benefits Amendments of 1981, such operator or
carrier shall be promptly dismissed as a party to the claim. The
dismissal of an operator or carrier shall be concluded at the earliest
possible time and in no event shall an operator or carrier participate
as a necessary party in any claim for which only the fund may be
liable.
(d) Procedure following dismissal of an operator. After it has been
determined that an operator or carrier must be dismissed as a party in
any claim in accordance with this section, the Director shall take such
action as is authorized by the Act to bring about the proper and
expeditious resolution of the claim in light of all relevant medical
and other evidence. Action to be taken in this regard by the Director
may include, but is not limited to, the assignment of the claim to the
Black Lung Disability Trust Fund for the payment of benefits, the
reimbursement of benefits previously paid by an operator or carrier if
appropriate, the defense of the claim on behalf of the fund, or
proceedings authorized by Sec. 725.310.
(e) Any claimant whose claim has been subsequently denied in a
modification proceeding will be entitled to expedited review of the
modification decision. Where a formal hearing was previously held, the
claimant may waive his right to a further hearing and ask that a
decision be made on the record of the prior hearing, as supplemented by
any additional documentary evidence which the parties wish to introduce
and briefs of the parties, if desired. In any case in which the
claimant waives his right to a second hearing, a decision and order
must be issued within 30 days of the date upon which the parties agree
the record has been completed.
