With the 1977 Reform and Revenue Acts, Congress released employers from liability for Part C claims for benefits where the miner had performed no coal mine employment after 1969, and created the Black Lung Disability Trust Fund which assumed liability for those claims. At that point, the Trust Fund also became responsible for claimant's attorney fees. In those cases where claimant elects DOL review and benefits are awarded, the Trust Fund assumes liability for those attorney fees and costs for which employer would have been liable but for the 1981 Amendments and that employer has not already paid pursuant to a final order. Where claimant has already paid the attorney fee, the Trust Fund must reimburse him for the portion for which the Trust Fund is liable. In those cases where claimant has elected review by the Social Security Administration, benefits are awarded, and the case is certified to the Department of Labor for payment, the Trust Fund is liable for payment of the attorney fee.
Employer is liable for attorney fees incurred prior to controversion of liability.
Instead, where claimant's entitlement to benefits is never opposed by employer or the Director, claimant is liable for any attorney fees incurred during the pursuit of his claim. DOL Form Cm-1088 does not constitute a denial and did not place the Director in an adversarial position for purposes of transferring attorney fee liability to the Trust Fund.