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 Hurricane Ike

Notice: The Covington, Louisiana District Office of the United States Department of Labor, Office of Administrative Law Judges is temporarily closed due to Hurricane Ike.

Recent Postings:
 Longshore Newsletter (Aug. 2008)


 Defense Base Act/War Hazards Compensation Act Seminar

Loyola University New Orleans College of Law will hold a two-day Defense Base Act/War Hazards Compensation Act Seminar on October 23 – 24, 2008, at the Washington Marriott Hotel in Washington, D.C. This Conference is presented in cooperation with the Office of Workers’ Compensation Programs and the Office of Administrative Law Judges, but is not a DOL sponsored event.

For conference, hotel, and registration information see the Loyola CLE Program listings.

See also OWCP's announcement of the conference.

 Modification of Hearing Policy on Defense Base Act Cases - June 16, 2008

OALJ will no longer automatically expedite Defense Base Act cases arising in a war zone, but will require a written request for expedited processsing.

ALJs in most cases may now require an initial conference and initial disclosures similar to those required by Fed. R. Civ. P. 26(f)(2).

Chief ALJ's Memo (June 16, 2008)

 Revised Prehearing Statement and Stipulation Forms - June 12, 2008

OALJ has revised the Prehearing Statement and Stipulation forms used in longshore and related cases.

New Forms

 Informal Conference Needed in Most Circuits in Order to Obtain an Attorney Fee Under Section 28(b)

With its decision in Davis v. Eller & Co., 41 BRBS 58 (June 4, 2007) HTML | PDF arising out of the Eleventh Circuit, the Board has now realigned itself with the majority of circuits (Fourth, Fifth and Sixth) which hold that in order for a claimant to obtain an attorney fee under Section 28(b), there must have been an informal conference. Since the position of the Ninth Circuit (Claimant is entitled to a fee where the extent of liability is controverted and claimant successfully obtains increased compensation regardless of whether employer specifically rejected an administrative recommendation.) remains unchanged, the Board’s position is not applicable law in that circuit.

 Submission of Section 8(i) Settlements and Stipulations:

Henceforward, when judges remand Longshore and Harbor Workers Act cases to the District Directors for Section 8(i) settlement approval (See 33 USC 908(i); 20 CFR § 702.241), or because the parties have indicated that all outstanding issues have been resolved, they will give the parties a specific date or time period to either submit the settlement papers or inform the District Director of the status of the matter. This will shorten the period in which it takes claimants to receive their settlements or benefits.

 Claimant Names in Decisions: HTML | PDF

 Settlement Judge Requests:

OALJ continues to experience a high success rate (75%) of cases settling through the Settlement Judge
process in Longshore cases. Requests for Settlement Judge Appointments in Longshore cases should be addressed to the Associate Chief Judge for Longshore   or to the appropriate district Chief Judge. While reasonable efforts will be made to accommodate requests for specific dates, there can be no guarantee that requests for specific judges will be granted.

 Posting of Decisions:

Effective September 1, 2003, decisions in LHWCA cases will be transmitted to the OALJ web site five business days after issuance by the ALJ. Links become available six business days after issuance by the ALJ.

 HIPAA Privacy Rules

 Medicare Secondary Payer Act & § 8(i) settlements

 Subpoena procedures

The Defense Base Act:
  • Kerry Anzalone, The Defense Base Act—A Growth Industry?"
    (This article appeared in the August 2004 BRBS Commentary on Longshore and Related Matters.
    Matthew Bender has given its permission for this article to be posted on our web site.)

  • OWCP FAQs on the Defense Base Act.

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