Printing - FECA-PT2 - National Association of Letter Carriers

2-1000-13 Black Lung Benefits
13. Black Lung Benefits. Reference: FECA ProM No. 172.
a. Dual Entitlement Not Prohibited. An election between FECA benefits and benefits under the
Black Lung Benefits Act (Title IV of the Federal Mine Safety and Health Act of 1977) is not required
under the provisions of 5 U.S.C. 8116.
However, claims under the Black Lung Benefits Act (BLBA) filed on and after January 1, 1974 come
under Part C of that Act, and section 422(g) of Part C provides for reduction of Black Lung benefits
by the amount of "... any compensation received under or pursuant to any Federal or State
workmen's compensation law because of death or disability due to pneumoconiosis."
Claims under Part C are under the jurisdiction of the Office of Workers' Compensation Programs,
Division of Coal Mine Workers' Compensation (DCMWC), and the responsibility for making
appropriate reduction of Black Lung benefits under section 422(g) rests with DCMWC.
b. Potential Dual Benefit Cases Under the FECA. For all practical purposes, the FECA cases in
which there is a potential FECA/BLBA dual benefit situation are those involving cardiopulmonary
conditions due to exposure to coal dust filed by employees of the Mine Safety and Health
Administration (MSHA) of the U.S. Department of Labor. (MSHA's predecessor agency was MESA,
the Mine Enforcement and Safety Administration, U.S. Department of the Interior. Its functions
were transferred to MSHA on March 9, 1978.) All MESA and MSHA cases fitting the above criteria
are under the jurisdiction of the Kansas City District Office.
c. Exchange of Information Between DFEC and DCMWC.
(1) To identify those cases in which dual entitlement exists and to permit DCMWC to
make appropriate deductions in BLBA benefits, the timely exchange of case file information
between DFEC and DCMWC is necessary. Therefore, in all cases involving a
cardio-pulmonary condition where exposure to coal dust is alleged to have contributed to
the development of the claimed condition, the National Operations Office will complete Form
OWCP-33 and forward it to OWCP, DCMWC, District Office Operations Staff, Frances Perkins
Building, Room C-3522, Washington, D.C. 20210.
If necessary, the CE should at this time also request the coal mine employment record and
any medical evidence pertaining to the injured employee which may be in the possession of
DCMWC. If a claim for the identified individual has also been filed under the BLBA, DCMWC
will so advise and, if needed, will request compensation payment information from DFEC.
FECA-PT2 Printed: 06/08/2010 542