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- 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.
- Responsibilities.
- 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.
- 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.
- Definitions.
- 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.
- 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.
- 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:
- Identify any deficiencies in the application and return it to the
EC for the submission of additional information;
- Deny the application or;
- Make a recommendation for approval and transmit the case to the
National Office for consideration.
- 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.
- 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.
- 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.
- 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
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