30 USC 932 - Failure to meet workmen’s compensation requirements

U.S Code last checked for updates: Nov 22, 2024

§ 932.

Failure to meet workmen’s compensation requirements

(a)

Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations

(b)

Liability of operators

(c)

Persons entitled to benefits

(d)

Monthly payments; amounts; accrual of interest

(e)

Conditions upon payment

No payment of benefits shall be required under this section:

(1)

except pursuant to a claim filed therefor in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe; or

(2)

for any period prior to January 1, 1974.

(f)

Limitation on filing of claims

Any claim for benefits by a miner under this section shall be filed within three years after whichever of the following occurs later—

(1)

a medical determination of total disability due to pneumoconiosis; or

(2)

March 1, 1978.

(g)

Reduction of monthly benefits

(h)

Promulgation of regulations

(i)

Subsequent operators’ liability for benefit payments

(1)

During any period in which this section is applicable to the operator of a coal mine who on or after January 1, 1970, acquired such mine or substantially all the assets thereof, from a person (hereinafter in this subsection referred to as a “prior operator”) who was an operator of such mine, or owner of such assets on or after January 1, 1970, such operator shall be liable for and shall, in accordance with section 933 of this title, secure the payment of all benefits which would have been payable by the prior operator under this section with respect to miners previously employed by such prior operator as if the acquisition had not occurred and the prior operator had continued to be an operator of a coal mine.

(2)

Nothing in this subsection shall relieve any prior operator of any liability under this section.

(3)

(A)

For purposes of paragraph (1) of this subsection, the provisions of this paragraph shall apply to corporate reorganizations, liquidations, and such other transactions as are specified in this paragraph.

(B)

If an operator ceases to exist by reason of a reorganization or other transaction or series of transactions which involves a change in identity, form, or place of business or organization, however effected, the successor operator or other corporate or business entity resulting from such reorganization or other change shall be treated as the operator to whom this section applies.

(C)

If an operator ceases to exist by reason of a liquidation into a parent or successor corporation, the parent or successor corporation shall be treated as the operator to whom this section applies.

(D)

If an operator ceases to exist by reason of a sale of substantially all his or her assets, or as the result of a merger, consolidation, or division, the successor operator, corporation, or other business entity shall be treated as the operator to whom this section applies.

(4)

In any case in which there is a determination under section 9501(d) of title 26 that no operator is liable for the payment of benefits to a claimant, nothing in this subsection may be construed to require the payment of benefits to a claimant by or on behalf of any operator.

(j)

Failure of operators to secure benefits

Notwithstanding the provisions of this section, section 9501 of title 26 shall govern the payment of benefits in cases—

(1)

described in section 9501(d)(1) of title 26;

(2)

in which the miner’s last coal mine employment was before January 1, 1970; or

(3)

in which there was a claim denied before March 1, 1978, and such claim is or has been approved in accordance with the provisions of section 945 ² of this title.

(k)

Secretary as party in claim proceedings

(l)

(Pub. L. 91–173, title IV, § 422, Dec. 30, 1969, 83 Stat. 796; Pub. L. 92–303, §§ 3(a), (b), 5(2)–(4), (9), 8, May 19, 1972, 86 Stat. 153, 155–157; Pub. L. 95–239, §§ 3(b)(4), 7(a)–(h), Mar. 1, 1978, 92 Stat. 97–99; Pub. L. 97–119, title I, § 104(b)(3)–(5), title II, §§ 203(a)(6), (b), 204, 205(a), Dec. 29, 1981, 95 Stat. 1639, 1644, 1645; Pub. L. 98–426, § 28(h)(2), Sept. 28, 1984, 98 Stat. 1655; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 111–148, title I, § 1556(b), Mar. 23, 2010, 124 Stat. 260.)

cite as: 30 USC 932