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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.
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)
HTML | PDF
Revised Prehearing Statement and Stipulation Forms - June 12, 2008
OALJ has revised the Prehearing Statement and Stipulation forms used in longshore and related
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.
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
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.
National Average Weekly Wage Max/Min Rates
Interest Rate Information
Speeches and memoranda
National and District OALJ Offices
Benefits Review Board
OWCP Division of Longshore & Harbor Workers' Compensation