20 CFR 725.494 - Potentially liable operators.

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There is 1 rule appearing in the Federal Register for 20 CFR 725. View below or at eCFR (GPOAccess)
§ 725.494 Potentially liable operators.
An operator may be considered a “potentially liable operator” with respect to a claim for benefits under this part if each of the following conditions is met:
(a) The miner's disability or death arose at least in part out of employment in or around a mine or other facility during a period when the mine or facility was operated by such operator, or by a person with respect to which the operator may be considered a successor operator. For purposes of this section, there shall be a rebuttable presumption that the miner's disability or death arose in whole or in part out of his or her employment with such operator. Unless this presumption is rebutted, the responsible operator shall be liable to pay benefits to the claimant on account of the disability or death of the miner in accordance with this part. A miner's pneumoconiosis, or disability or death therefrom, shall be considered to have arisen in whole or in part out of work in or around a mine if such work caused, contributed to or aggravated the progression or advancement of a miner's loss of ability to perform his or her regular coal mine employment or comparable employment.
(b) The operator, or any person with respect to which the operator may be considered a successor operator, was an operator for any period after June 30, 1973.
(c) The miner was employed by the operator, or any person with respect to which the operator may be considered a successor operator, for a cumulative period of not less than one year (§ 725.101(a)(32)).
(d) The miner's employment with the operator, or any person with respect to which the operator may be considered a successor operator, included at least one working day (§ 725.101(a)(32)) after December 31, 1969.
(e) The operator is capable of assuming its liability for the payment of continuing benefits under this part. An operator will be deemed capable of assuming its liability for a claim if one of the following three conditions is met:
(1) The operator obtained a policy or contract of insurance under section 423 of the Act and part 726 of this subchapter that covers the claim, except that such policy shall not be considered sufficient to establish the operator's capability of assuming liability if the insurance company has been declared insolvent and its obligations for the claim are not otherwise guaranteed;
(2) The operator qualified as a self-insurer under section 423 of the Act and part 726 of this subchapter during the period in which the miner was last employed by the operator, provided that the operator still qualifies as a self-insurer or the security given by the operator pursuant to § 726.104(b) is sufficient to secure the payment of benefits in the event the claim is awarded; or
(3) The operator possesses sufficient assets to secure the payment of benefits in the event the claim is awarded in accordance with § 725.606.

Title 20 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-17; vol. 79 # 74 - Thursday, April 17, 2014
    1. 79 FR 21606 - Black Lung Benefits Act: Standards for Chest Radiographs
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Workers' Compensation Programs
      Final rule.
      This rule is effective May 19, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of May 19, 2014.
      20 CFR Parts 718 and 725

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 901 - Short title

§ 902 - Definitions

§ 903 - Coverage

§ 904 - Liability for compensation

§ 905 - Exclusiveness of liability

§ 906 - Compensation

§ 907 - Medical services and supplies

§ 908 - Compensation for disability

§ 909 - Compensation for death

§ 910 - Determination of pay

§ 911 - Guardian for minor or incompetent

§ 912 - Notice of injury or death

§ 913 - Filing of claims

§ 914 - Payment of compensation

§ 915 - Invalid agreements

§ 916 - Assignment and exemption from claims of creditors

§ 917 - Lien against compensation

§ 918 - Collection of defaulted payments; special fund

§ 919 - Procedure in respect of claims

§ 920 - Presumptions

§ 921 - Review of compensation orders

§ 921a - Appearance of attorneys for Secretary, deputy commissioner, or Board

§ 922 - Modification of awards

§ 923 - Procedure before deputy commissioner or Board

§ 924 - Witnesses

§ 925 - Witness fees

§ 926 - Costs in proceedings brought without reasonable grounds

§ 927 - Powers of deputy commissioners or Board

§ 928 - Fees for services

§ 929 - Record of injury or death

§ 930 - Reports to Secretary

§ 931 - Penalty for misrepresentation

§ 932 - Security for compensation

§ 933 - Compensation for injuries where third persons are liable

§ 934 - Compensation notice

§ 935 - Substitution of carrier for employer

§ 936 - Insurance policies

§ 937 - Certificate of compliance with chapter

§ 938 - Penalties

§ 939 - Administration by Secretary

§ 940 - Deputy commissioners

§ 941 - Safety rules and regulations

§ 942 - Annual report

§ 943 - Repealed.

§ 944 - Special fund

§ 945 to 947 - Repealed.

§ 948 - Laws inapplicable

§ 948a - Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement...employer for penalties and payments; insurance policy exemption from liability

§ 949 - Effect of unconstitutionality

§ 950 - Separability

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Presidential Documents

Reorganization ... 1950 Plan No. 6

Title 20 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 725 after this date.

  • 2014-04-17; vol. 79 # 74 - Thursday, April 17, 2014
    1. 79 FR 21606 - Black Lung Benefits Act: Standards for Chest Radiographs
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Workers' Compensation Programs
      Final rule.
      This rule is effective May 19, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of May 19, 2014.
      20 CFR Parts 718 and 725