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Code of Federal Regulations (Last Updated: May 6, 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: Amount of Benefits: Medical Benefits |
§ 722.135 - Amount of benefits, computation.
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(a) Section 412(a) of the Act sets forth the amount of benefits for total disability or death due to pneumoconiosis to which an individual shall be entitled, the extent of such entitlement and persons so entitled. No State workmen's compensation law shall be included on the Secretary's list if it does not, in every case, provide benefit amounts which are substantially equivalent to or greater than those amounts to which an eligible individual would be entitled under section 412(a).
(b) No State workmen's compensation law which arbitrarily limits the total amount of benefits to which an eligible individual may be entitled over such individual's lifetime shall be included on the Secretary's list.
(c) No State workmen's compensation law which subsequent to the effective date of this part 722 is amended to reduce the amount of benefits to which an eligible individual is entitled for total disability or death due to pneumoconiosis shall be included on the Secretary's list.