20 CFR 725.494 - Potentially liable operators

Cite as20 CFR 725.494
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236 practice notes
  • Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits
    • United States
    • Federal Register March 30, 2012
    • March 30, 2012
    ...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,......
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...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 ......
  • 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
    ...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.......
  • Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • February 25, 2021
    ...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
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...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 ......
  • 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
    ...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.......
  • Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • February 25, 2021
    ...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......
  • Walsh v. Chevron Mining, Inc., CIVIL ACTION NO. 4:20-CV-00010-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • June 21, 2021
    ...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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