Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 20 - Employees' Benefits |
Chapter VI - Office of Workers' Compensation Programs, 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 I - Enforcement of Liability; Reports |
§ 725.607 - Payments of additional compensation.
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§ 725.607 Payments of additional compensation.
(a) If any benefits payable under the terms of an award by a district director (§ 725.419(d)), a decision and order filed and served by an administrative law judge (§ 725.478), or a decision filed by the Board or a U.S. court of appeals, are not paid by an operator or other employer ordered to make such payments within 10 days after such payments become due, there will be added to such unpaid benefits an amount equal to 20 percent thereof, which must be paid to the claimant at the same time as, but in addition to, such benefits, unless review of the order making such award is sought as provided in section 21 of the LHWCA and an order staying payments has been issued.
(b) If, on account of an operator's or other employer's failure to pay benefits as provided in paragraph (a) of this section, benefit payments are made by the fund, the eligible claimant will nevertheless be entitled to receive such additional compensation to which he or she may be eligible under paragraph (a), with respect to all amounts paid by the fund on behalf of such operator or other employer.
(c) The fund may not be held liable for payments of additional compensation under any circumstances.
[81 FR 24482, Apr. 26, 2016]