(a) Unless a stay of payments is ordered by the Board or appropriate court under section 21 of the LHWCA, the payment of benefits to a claimant who has been determined eligible therefor by a deputy commissioner, administrative law judge, the Board, or a court shall commence within no more than 30 days following an initial determination of eligibility by such deputy commissioner, or the filing of an award of benefits by such administrative law judge, Board, or court, notwithstanding the pendency of further proceedings before an admininstrative law judge or an appeal to the Board or court.
(b) If an operator or carrier has been initially determined liable for the payment of benefits to an eligible claimant by the deputy commissioner (see 725.420), or ordered to pay benefits by an administrative law judge, the Board, or an appropriate court, and such operator or carrier fails or refuses to commence the payment of benefits (including all past due benefits and medical expenses) within the 30-day period specified in paragraph (a) of this section, the fund shall commence the payments due and owing and shall continue such payments as appropriate. In the event that the fund undertakes the payment of benefits on behalf of an operator or carrier, the provisions of 725.601-725.608 shall be applicable to such operator or carrier.
(c) If benefit payments are commenced prior to the final adjudication of the claim and it is later determined by an administrative law judge, the Board, or court that the claimant was ineligible to receive such payments, such payments shall be considered overpayments pursuant to 725.540 of this subpart which may be recovered in accordance with the provisions of this subpart.
Special Provisions for Operator Payments