20 CFR 725.495 - Criteria for determining a responsible operator

Cite as20 CFR 725.495
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262 practice notes
  • Black Lung Benefits Act: Medical Benefit Payments
    • United States
    • Federal Register June 14, 2018
    • June 14, 2018
    ...coal mine operator (or its insurance carrier), or the Trust Fund. Director, OWCP v. Bivens, 757 F.2d 781, 783 (6th Cir. 1985); see 20 CFR 725.495 (criteria for determining a responsible operator). OWCP pays medical benefits from the Trust Fund in three instances: (1) If no responsible opera......
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...is the potentially liable operator that most recently employed the miner for a cumulative period of not less than one year.[5] 20 C.F.R. §725.495(a)(1). The district director is initially charged with identifying and notifying operators that may be liable for benefits, and then identifying ......
  • Rockwood Cas. Ins. Co. v. Dir., Office of Workers’ Comp. Programs, No. 18-9520
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 5, 2019
    ...is the last coal mine operator to have employed the claimant as a "miner" for more than one year. 20 C.F.R. §§ 725.494(c), 725.495(a)(1).2. The Benefits Determination To obtain benefits under the BLBA, a claimant must prove(1) he or she suffers from pneumoconiosis (disease),(2) th......
  • National Min. Ass'n v. Department of Labor, No. 01-5278.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 14, 2002
    ...for Appellants at 64. The regulation, however, shifts the burden of proof only to the "designated responsible operator," 20 C.F.R. § 725.495(c); i.e., it applies only to the extent that a claimant has already carried his burden of proving that an operator is liable. "In seeki......
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261 cases
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...is the potentially liable operator that most recently employed the miner for a cumulative period of not less than one year.[5] 20 C.F.R. §725.495(a)(1). The district director is initially charged with identifying and notifying operators that may be liable for benefits, and then identifying ......
  • Rockwood Cas. Ins. Co. v. Dir., Office of Workers’ Comp. Programs, No. 18-9520
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 5, 2019
    ...is the last coal mine operator to have employed the claimant as a "miner" for more than one year. 20 C.F.R. §§ 725.494(c), 725.495(a)(1).2. The Benefits Determination To obtain benefits under the BLBA, a claimant must prove(1) he or she suffers from pneumoconiosis (disease),(2) th......
  • National Min. Ass'n v. Department of Labor, No. 01-5278.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 14, 2002
    ...for Appellants at 64. The regulation, however, shifts the burden of proof only to the "designated responsible operator," 20 C.F.R. § 725.495(c); i.e., it applies only to the extent that a claimant has already carried his burden of proving that an operator is liable. "In seeki......
  • Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • February 25, 2021
    ...argues the administrative law judge erred in finding it liable for benefits because: (1) the DOL released Peabody from liability; (2) 20 C.F.R. §725.495(a)(4) precludes Peabody's liability; and (3) the Director is equitably estopped from imposing liability on Peabody. Employer's Brief at 26......
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