(a) As used in this subchapter, except where the context clearly
indicates otherwise:
(1) Act or LHWCA means the Longshore and Harbor Workers'
Compensation Act, as amended (33 U.S.C. 901 et seq.), and includes the
provisions of any statutory extension of such Act (see Sec. 701.101(a)
and (b)) pursuant to which compensation on account of an injury is
sought.
(2) Secretary means the Secretary of Labor, United States Department
of Labor, or his authorized representative.
(3) Employment Standards Administration means the Employment
Standards Administration in the United States Department of Labor,
headed by the Assistant Secretary of Labor for Employment Standards.
(4) [Reserved]
(5) Office of Workers' Compensation Programs or OWCP or the Office
means the Office of Workers' Compensation Programs within the Employment
Standards Administration, referred to in Sec. 701.201 and described
more fully in part 1 of this title. The term Office of Workmen's
Compensation Programs shall have the same meaning as Office of Workers'
Compensation Programs (see 20 CFR 1.6(b)).
(6) Director means the Director of OWCP, or his or her authorized
representative.
(7) District Director means a person appointed as provided in
sections 39 and 40 of the LHWCA or his or her designee, authorized to
perform functions with respect to the processing and determination of
claims for compensation under the LHWCA and its extensions as provided
therein and under this subchapter. The term District Director is
substituted for the term Deputy Commissioner used in the statute. This
substitution is for administrative purposes only and in no way affects
the power or authority of the position as established in the statute.
(8) Administrative Law Judge means a person appointed as provided in
5 U.S.C. 3105 and subpart B of 5 CFR part 930, who is qualified to
preside at hearings under 5 U.S.C. 557 and is empowered by the Secretary
to conduct formal hearings whenever necessary in respect of any claim
for compensation arising under the LHWCA and its extensions.
(9) Chief Administrative Law Judge means the Chief Judge of the
Office of Administrative Law Judges, United States Department of Labor,
whose office is at the location set forth in 29 CFR 18.3(a).
(10) Board or Benefits Review Board means the Benefits Review Board
established by section 21 of the LHWCA (33 U.S.C. 921) as amended and
constituted and functioning pursuant to the provisions of chapter VII of
this title and Secretary of Labor's Order No. 38-72 (38 FR 90), whose
office is at the location set forth in 20 CFR 802.204.
(11) Department means the United States Department of Labor.
(12)(i) Employee means any person engaged in maritime employment,
including:
(A) Any longshore worker or other person engaged in longshoring
operations;
(B) Any harbor worker, including a ship repairer, shipbuilder and
shipbreaker; and
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(C) Any other individual to whom an injury may be the basis for a
compensation claim under the LHWCA as amended, or any of its extensions;
(ii) The term does not include:
(A) A master or member of a crew of any vessel; or
(B) Any person engaged by a master to load or unload or repair any
small vessel under eighteen tons net.
(iii) Nor does this term include the following individuals (whether
or not the injury occurs over the navigable waters of the United States)
where it is first determined that they are covered by a state workers'
compensation act:
(A) Individuals employed exclusively to perform office clerical,
secretarial, security, or data processing work (but not longshore cargo
checkers and cargo clerks);
(B) Individuals employed by a club (meaning a social or fraternal
organization whether profit or nonprofit), camp, recreational operation
(meaning any recreational activity, including but not limited to scuba
diving, commercial rafting, canoeing or boating activities operated for
pleasure of owners, members of a club or organization, or renting,
leasing or chartering equipment to another for the latter's pleasure),
restaurant, museum or retail outlet;
(C) Individuals employed by a marina, provided they are not engaged
in its construction, replacement or expansion, except for routine
maintenance such as cleaning, painting, trash removal, housekeeping and
small repairs;
(D) Employees of suppliers, vendors and transporters temporarily
doing business on the premises of a covered employer, provided they are
not performing work normally performed by employees of the covered
employer;
(E) Aquaculture workers, meaning those employed by commercial
enterprises involved in the controlled cultivation and harvest of
aquatic plants and animals, including the cleaning, processing or
canning of fish and fish products, the cultivation and harvesting of
shellfish, and the controlled growing and harvesting of other aquatic
species; or
(F) Individuals engaged in the building, repairing or dismantling of
recreational vessels under 65 feet in length. For purposes of this
subparagraph recreational vessel means a vessel manufactured or operated
primarily for pleasure, or rented, leased or chartered by another for
the latter's pleasure, and length means a straight line measurement of
the overall length from the foremost part of the vessel to the aftmost
part of the vessel, measured parallel to the center line. The
measurement shall be from end to end over the deck, excluding sheer.
(13) Employer includes any employer who may be obligated as an
employer under the provisions of the LHWCA as amended or any of its
extensions to pay and secure compensation as provided therein.
(14) Carrier means an insurance carrier or self-insurer meeting the
requirements of section 32 of the LHWCA as amended and of this
subchapter with respect to authorization to provide insurance fulfilling
the obligation of an employer to secure the payment of compensation due
his employees under the LHWCA as amended or a statutory extension
thereof.
(15) The terms wages, national average weekly wage, injury,
disability, death, and compensation shall have the meanings set forth in
section 2 of the LHWCA.
(16) Claimant includes any person claiming compensation or benefits
under the provisions of the LHWCA as amended or a statutory extension
thereof on account of the injury or death of an employee.
(b) The definitions contained in paragraph (a) of this section shall
not be considered to derogate from any definitions or delimitations of
terms in the LHWCA as amended or any of its statutory extensions in any
case where such statutory definitions or delimitations would be
applicable.
(c) As used in this subchapter, the singular includes plural and the
masculine includes the feminine.
[38 FR 26860, Sept. 26, 1973, as amended at 42 FR 3848, Jan. 21, 1977;
50 FR 391, Jan. 3, 1985; 51 FR 4281, Feb. 3, 1986; 55 FR 28606, July 12,
1990; 70 FR 43233, July 26, 2005]
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Coverage Under State Compensation Programs
