FMSHCONT0003 - Case Type 6

Compensation Proceedings: A compensation proceeding is a case that may be filed with the Commission by miners entitled to compensation who are idled by a closure order issued by MSHA. The type of document that the miners file is called a “complaint.” The complaint must be filed within 90 days after the beginning of the period during which the miners are idled. The complaint must include a summary of the facts giving rise to the claim, the period for which compensation is claimed, the total amount of compensation claimed, and a copy of the order closing the mine. The complaint must be mailed to the operator of the mine and the Commission. Within 30 days, the operator must file an answer responding to the statements in the complaint filed by the miners. The 30-day period starts to run from the date of service of the complaint. The date of service can usually be found on the “certificate of service,” which is one of the last pages of the complaint. The operator’s answer must be sent to the address provided by the miners filing the complaint and to the Commission. Compensation Proceedings: