20 CFR 725.494 - Potentially liable operators
| Cite as | 20 CFR 725.494 |
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236 practice notes
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Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits
...operator's status as a potentially liable operator or evidence demonstrating that another coal mine operator is liable for the claim. See 20 CFR 725.494; 725.495 (2011). The period may also be extended for good cause. See 20 CFR 725.423 (2011). At the end of the 30-day (or extended) period,......
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Hill v. Presley Trucking Co., BRB 20-0123 BLA
...must be financially capable of assuming liability for the payment of benefits, either through it s own assets or through insurance. 20 C.F.R. §725.494(a)-(e). [6] We thus agree with the Director's argument that the United States Court of Appeals for the Sixth Circuit's holding applies to a ......
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Rockwood Cas. Ins. Co. v. Dir., Office of Workers’ Comp. Programs, No. 18-9520
...if the miner’s disability or death arose "at least in part" from coal mine employment with the operator. 30 U.S.C. § 932(c) ; 20 C.F.R. § 725.494(a).1 To ensure coal mine operators can pay their miners’ benefits, Congress imposed workers’ compensation insurance requirements on them. 30 U.S.......
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Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
...has no merit. If the operator that most recently employed a miner may not be considered a potentially liable operator pursuant to 20 C.F.R §725.494, the responsible operator shall be the potentially liable operator that next most recently employed the miner. 20 C.F.R. §725.495(a)(3). An ope......
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236 cases
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Hill v. Presley Trucking Co., BRB 20-0123 BLA
...must be financially capable of assuming liability for the payment of benefits, either through it s own assets or through insurance. 20 C.F.R. §725.494(a)-(e). [6] We thus agree with the Director's argument that the United States Court of Appeals for the Sixth Circuit's holding applies to a ......
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Rockwood Cas. Ins. Co. v. Dir., Office of Workers’ Comp. Programs, No. 18-9520
...if the miner’s disability or death arose "at least in part" from coal mine employment with the operator. 30 U.S.C. § 932(c) ; 20 C.F.R. § 725.494(a).1 To ensure coal mine operators can pay their miners’ benefits, Congress imposed workers’ compensation insurance requirements on them. 30 U.S.......
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Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
...has no merit. If the operator that most recently employed a miner may not be considered a potentially liable operator pursuant to 20 C.F.R §725.494, the responsible operator shall be the potentially liable operator that next most recently employed the miner. 20 C.F.R. §725.495(a)(3). An ope......
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Walsh v. Chevron Mining, Inc., CIVIL ACTION NO. 4:20-CV-00010-HBB
...of coal mines must either qualify as a self-insurer or obtain insurance for the payment of the benefits. 30 U.S.C. § 933(a); 20 C.F.R. § 725.494(e). The miner's "most recent employer that meets [the conditions of employing the miner for at least one year and being capable of paying benefits......
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