SSR 72-65: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 412(b) (30 U.S.C. 922(b)). -- BLACK LUNG BENEFITS -- STATE WORKMEN'S COMPENSATION PAYMENT ON ACCOUNT OF MINER'S DEATH -- REDUCTION INAPPLICABLE

20 CFR 410.520

SSR 72-65

Advice has been requested as to whether State workmen's compensation

benefits paid on account of the death of an employee to his survivors

constitute benefits paid "on account of the disability of such miner," and

thereby subject to the reduction provision of section 412(b) of the

Federal Coal Mine Health and Safety Act of 1969, as amended (30 U.S.C.

922(b)).

Section 412(b) of such Act provides in pertinent part that:

Workmen's compensation statutes typically provide not only for

compensating employees for occupationally-related injury or disease, but

also for compensating the survivors of a deceased employee for his

occupationally-related death.

Part B of Title IV of the Federal Coal Mine Health and Safety Act of

1969, as amended, similarly provides benefits not only for miners, but

also for their survivors. Section 412(b), as quoted above, requires the

reduction of either type of benefit on account of any State workmen's

compensation payment received "on account of the disability of such

miner." The absence of a specific reduction provision aimed expressly at

State payments received on account of the death of the miner, the type of

State payments a survivor entitled to Black Lung Benefits would be most

likely to receive, supports the view that death payments were not intended

to be included within the term "disability." This approach reflects the

familiar maxim of statutory construction that if one particular is

expressed, other particulars are intended to be excluded.

On the other hand, death may be regarded the ultimate "disability," and

it may be argued that in this broader sense, the term "disability"

encompasses payments on account of death, as well. Although this view is

plausible, it may be demonstrated that it is not the one intended by

Congress.

y construction that if one particular is

expressed, other particulars are intended to be excluded.

On the other hand, death may be regarded the ultimate "disability," and

it may be argued that in this broader sense, the term "disability"

encompasses payments on account of death, as well. Although this view is

plausible, it may be demonstrated that it is not the one intended by

Congress.

Part C of Title If the Act, which is to be administered after 1973 by the

Department of Labor in conjunction with the several States, includes a

reduction provision in section 422(g) analogous to section 412(b). The

comparison of the two parallel provisions is revealing. Thus, section

422(g) provides that:

Here, Congress specifically provided that compensation payments "because

of death" should result in reduction. Its failure similarly to so provide

in section 412(b) should not lightly be ascribed to inadvertence. When

Congress did not expressly provide in section 412(b) that State payments

received n account of the death of the miner should result in the same

reduction as payments made on account of his disability, it must be

concluded that it did not intend to do so.

In view of the liberal construction usually afforded to remedial

legislation generally and to workmen's compensation statutes in

particular, and in view of the considerations discussed above, the better

view of the reduction provisions of section 412(b) is that, in extending

to payments made on account of the disability of the miner, they do not

thereby also extend to payments made on account of his death.

Accordingly, it is held that payments made under State workmen's

compensation laws on account of the miner's death are not subject to the

reduction provision of section 412(b) of the Act, supra, and will not

affect the Black Lung Benefits otherwise payable to his survivors.

on account of the disability of the miner, they do not

thereby also extend to payments made on account of his death.

Accordingly, it is held that payments made under State workmen's

compensation laws on account of the miner's death are not subject to the

reduction provision of section 412(b) of the Act, supra, and will not

affect the Black Lung Benefits otherwise payable to his survivors.

The preceding discussion and holding refer only to cases where State

workmen's compensation payments are made to a survivor on account of the

miner's death. They do not apply to State workmen's compensation

disability payments which accrued to the miner while he was living but

which, because of his death prior to receipt, are paid instead to his

survivors.