Office of Workers' Compensation Programs (OWCP)

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Division of Longshore and Harbor Workers' Compensation (DLHWC)

CHAPTER 9-400 — WORKLOAD AND PERFORMANCE STANDARDS REPORT

1. Purpose and Scope. This Chapter describes the Workload and Performance Standards Report (See Exhibit 21, PM 10-300) and the procedures for its preparation and submission to the National Office. It applies to all DOs administering the LHWCA, as extended, with the exception of the District of Columbia Workmen's Compensation Act. This report provides statistical information on the timeliness of six key workload processing functions in the Longshore Program's DOs. The DO's actions concerning these functions are compared to pre-established timeliness output goals which are represented as a percent of the cases timely processed during the reporting period.
2. Responsibilities.
   1. The District Director (DD) is responsible for insuring the accuracy of the reports by providing necessary training to all DO staff on the timely and accurate entry of required data into the LCMS. When the Workload and Performance Standards Report is generated by the LCMS, the DD is also responsible for reviewing the report for accuracy and consistency.
   2. All DO staff members must exercise care for the accurate and timely entry of data into the LCMS for case processing actions within their individual areas of responsibility.
3. Definitions.
   1. Cases Referred for Formal Hearing. Length of time, in whole calendar days, from receipt of last Pre-Hearing Statement form, to date the file is referred to the Office of Administrative Law Judges (OALJ) for a formal hearing.
      
      Each party is furnished with a Pre-Hearing Statement form (Form LS-18, Exhibit 5, PM 10-200) with instructions to serve the completed form on each other and to submit them to the DO within twenty-one days. Case files are to be transmitted to the OALJ within ten days of receipt of the final Pre-Hearing Statement form if additional information is not necessary, if new issues have not been raised, and if the Pre-Hearing Statements have been properly completed. If the only party to return the LS-18 is the one requesting the hearing, the case should be referred within ten days after expiration of twenty-one days from the date the LS-18s were sent to the parties.
      
      If it is necessary to cancel or postpone the transmittal of the case to the OALJ after receipt of an LS-18 (e.g., because of the receipt of a section 8(f) application), the reason for the delay in transmittal should be documented in the case file. The appropriate diary action code should also be entered into the LCMS.
   2. Cases First Reviewed by Claims Staff. Length of time, in whole calendar days, from the date the case is jacketed to the date the case is first reviewed and a call-up is placed on the file. Primary cases should be reviewed and appropriate action taken to request missing information or reports within thirty days of the date the case is jacketed and entered into the LCMS.
   3. Section 8(f) Applications Processed. Length of time, in whole calendar days, from the date the section 8(f) application is received in the DO to the date it is either: (1) returned to the EC for submission of additional information, or, (2) denied by the DO or, (3) in the case of a recommendation for approval, referred to the NO for review. The DO is review the section 8(f) application within forty days of receipt and take one of the following actions:
      1. Identify any deficiencies in the application and return it to the EC for the submission of additional information;
      2. Deny the application or;
      3. Make a recommendation for approval and transmit the case to the National Office for consideration.
   4. Conferences Held. Length of time, in whole calendar days, from the date the request for a conference is received to the date it is held. Informal conferences are generally held within forty-five days of request, except in cases involving death or scheduled loss. Conferences are generally held in death cases within sixty days of request and within ninety days of request in scheduled loss cases.
   5. Conference Recommendations Issued. Length of time, in whole calendar days, from the date the conference is held to the date the written conference recommendation is issued. A recommendation should be issued within ten days after a conference has been held.
   6. Responses to Congressional Inquiries. Length of time, in whole calendar days, from receipt of a written congressional inquiry to final response, including a telephone response if that is considered satisfactory by the congressional office. However, when a telephone response is used, documentation of the telephone response by memorandum to file must be made. The standard response time is fourteen days.
4. Submission of Report. This report should be telefaxed or e-mailed to the National Office at the end of each month. The report should be sent so as to be received no later than 5 work days after the last work day of the report month