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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter VI - Office of Workers' Compensation Programs, Department of Labor |
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SubChapter B - Federal Coal Mine Health and Safety Act of 1969, as Amended |
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Part 722 - Criteria for Determining Whether State Workers' Compensation Laws Provide Adequate Coverage for Pneumoconiosis and Listing of Approved State Laws |
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Criteria: Guarantee of Benefits to Eligible Individuals |
§ 722.132 - Waiver of right to benefits.
Latest version.
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No State workmen's compensation shall be included on the Secretary's list if such law permits a miner or other prospective claimant to by any means waive, in whole or in part, such individual's rights to receive full benefits for total disability or death due to pneumoconiosis. However, under appropriate circumstances, a waiver may be permitted in respect of the liability of
any individual coal mine operator or employer if such State workmen's compensation law contains a provision or provisions which otherwise insure that benefits shall be available to be paid to such claimant from some other approved source.