20 C.F.R. PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED
TITLE 20--Employees' Benefits
CHAPTER VI--EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR
SUBCHAPTER B--FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED
PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED
Subpart A--GENERAL
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| Purpose and applicability of this part.
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| Applicability of other parts in this title.
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| Definition and use of terms.
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| Disclosure of program information.
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Subpart B--PERSONS ENTITLED TO BENEFITS, CONDITIONS, AND DURATION OF ENTITLEMENT
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| Who is entitled to benefits; contents of this subpart.
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| Miner defined; condition of entitlement, miner.
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| Duration and cessation of entitlement; miner.
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| Determination of relationship; spouse.
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| Determination of dependency; spouse.
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| Determination of relationship; divorced spouse.
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| Determination of dependency; divorced spouse.
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| Determination of relationship; child.
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| Determination of dependency; child.
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| Duration of augmented benefits.
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| Time of determination of relationship and dependency of spouse or child for purposes of augmentation of benefits.
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| Conditions of entitlement; surviving spouse or surviving divorced spouse.
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| Duration of entitlement; surviving spouse or surviving divorced spouse.
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| Determination of relationship; surviving spouse.
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| Determination of dependency; surviving spouse.
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| Determination of relationship; surviving divorced spouse.
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| Determination of dependency; surviving divorced spouse.
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| Conditions of entitlement; child.
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| Duration of entitlement; child.
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| Determination of relationship; child.
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| Determination of dependency; child.
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| Conditions of entitlement; parent, brother, or sister.
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| Duration of entitlement; parent, brother, or sister.
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| Determination of relationship; parent, brother, or sister.
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| Determination of dependency; parent, brother, or sister.
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| ''Good cause'' for delayed filing of proof of support.
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| Time of determination of relationship and dependency of survivors.
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| Effect of conviction of felonious and intentional homicide on entitlement to benefits.
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| Intestate personal property.
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| Member of the same household--''living with,'' ''living in the same household,'' and ''living in the miner's household,'' defined.
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| Support and contributions.
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| Evidence of authority to file a claim on behalf of another.
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| Date and place of filing of claims.
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| Forms and initial processing.
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| When a written statement is considered a claim.
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| Cancellation of a request for withdrawal.
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| Time limits for filing claims.
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| Additional claims; effect of a prior denial of benefits.
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| Modification of awards and denials.
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| Communications with respect to claims; time computations.
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Subpart D--ADJUDICATION OFFICERS; PARTIES AND REPRESENTATIVES
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| Who are the adjudication officers?
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| Powers of adjudication officers.
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| Disqualification of adjudication officer.
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| Representation of parties.
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| Qualification of representative.
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| Authority of representative.
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| Approval of representative's fees; lien against benefits.
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| Fees for representatives.
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| Payment of a claimant's attorney's fee by responsible operator or fund.
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Subpart E--ADJUDICATION OF CLAIMS BY THE DISTRICT DIRECTOR
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| Claims development--general.
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| Approved State workers' compensation law.
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| Development of evidence--general.
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| Development of medical evidence; scheduling of medical examinations and tests.
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| Medical examinations and tests.
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| Identification and notification of responsible operator.
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| Operator's response to notification.
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| Denial of a claim by reason of abandonment.
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| Submission of additional evidence.
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| Initial adjudication in Trust Fund cases.
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| Action by the district director after development of evidence.
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| Action at the conclusion of conference.
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| Proposed decision and order.
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| Response to proposed decision and order.
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| Referral of a claim to the Office of Administrative Law Judges.
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Subpart F--HEARINGS
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| Type of hearing; parties.
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| Time and place of hearing; transfer of cases.
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| Hearing procedures; generally.
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| Introduction of documentary evidence.
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| Depositions; interrogatories.
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| Waiver of right to appear and present evidence.
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| Withdrawal of controversion of issues set for formal hearing; effect.
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| Issues to be resolved at hearing; new issues.
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| Issuance of decision and order.
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| Form and contents of decision and order.
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| Filing and service of decision and order.
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| Finality of decisions and orders.
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| Modification of decisions and orders.
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| Right to appeal to the Benefits Review Board.
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| Costs in proceedings brought without reasonable grounds.
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Subpart G--RESPONSIBLE COAL MINE OPERATORS
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| Statutory provisions and scope.
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| Successor operator defined.
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| Employment relationship defined.
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| Potentially liable operators.
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| Criteria for determining a responsible operator.
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| Special claims transferred to the fund.
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| Procedures in special claims transferred to the fund.
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Subpart H--PAYMENT OF BENEFITS
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| Payment provisions generally.
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| When benefit payments are due; manner of payment.
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| Date from which benefits are payable.
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| Payments to a claimant employed as a miner.
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| Payment on behalf of another; ''legal guardian'' defined.
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| Guardian for minor or incompetent.
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| Support of legally dependent spouse, child, or parent.
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| Accountability; transfer.
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| Certification to dependent of augmentation portion of benefit.
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| Assignment and exemption from claims of creditors.
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| Commutation of payments; lump sum awards.
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| Payments prior to final adjudication.
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| Operator payments; generally.
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| Suspension, reduction, or termination of payments.
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| Modification of benefits amounts; general.
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| Reduction of State benefits.
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| Reductions; receipt of State or Federal benefit.
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| Reductions; excess earnings.
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| Reductions; retroactive effect of an additional claim for benefits.
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| Reductions; effect of augmentation of benefits based on subsequent qualification of individual.
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| More than one reduction event.
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| Notice of waiver of adjustment or recovery of overpayment.
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| When waiver of adjustment or recovery may be applied.
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| Standards for waiver of adjustment or recovery.
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| Collection and compromise of claims for overpayment.
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| Relation to provisions for reductions or increases.
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| Applicability of overpayment and underpayment provisions to operator or carrier.
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| Procedures applicable to overpayments and underpayments.
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Subpart I--ENFORCEMENT OF LIABILITY; REPORTS
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| Reimbursement of the fund.
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| Payments by the fund on behalf of an operator; liens.
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| Enforcement of final awards.
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| Security for the payment of benefits.
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| Payments in addition to compensation.
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| Enforcement against other persons.
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| Failure to secure benefits; other penalties.
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Subpart J--MEDICAL BENEFITS AND VOCATIONAL REHABILITATION
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| Availability of medical benefits.
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| Claims for medical benefits only under section 11 of the Reform Act.
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| Notification of right to medical benefits; authorization of treatment.
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| Arrangements for medical care.
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| Authorization to provide medical services.
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| Reports of physicians and supervision of medical care.
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| Disputes concerning medical benefits.
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| Objective of vocational rehabilitation.
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| Requests for referral to vocational rehabilitation assistance.
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