|
|
|
|
|
|
|
|
|
|
|
Accidental Injury
|
2.2.3
|
|
|
|
ADA (Americans with Disability Act)
|
48a.3
|
|
|
|
"Adjoining
Area" Concept
|
1.6.2
|
|
|
|
Adjudicatory Powers
|
19.3
|
|
|
|
ALJ Cannot Review Discretionary Acts of District Director |
19.3.1
|
|
|
| ALJ Must Detail
Rationale Behind Decision specify Evidence Relied Upon
|
19.3.5
|
|
|
| Disqualifying Attorney
|
19.3.7
|
|
|
|
Dismissal of Claim
|
19.3.3
|
|
|
|
District Director
Cannot Hold Hearings After 11/26/72
|
19.4.1
|
|
|
|
District Director
Lacks Jurisdiction Over Claim Once Referred to OALJ
|
19.3.2
|
|
|
|
Federal Rules of Civil Procedure
|
19.3.6.3
|
|
|
|
Formal Hearing
|
19.3.6
|
|
|
|
Complying with APA
|
19.4
|
|
|
|
Discovery
|
19.3.6.2
|
|
|
|
Federal Rules of Civil
Procedure
|
19.3.6.3
|
|
|
|
Issues at Hearing
|
19.3.6.1
|
|
|
|
Formal Order Filed with District Director
|
19.6
|
|
|
|
Hearing Order Within 20 Days
|
19.3.4
|
|
|
|
Medical Examinations
|
19.9
|
|
|
|
Motion for Reconsideration
|
19.5
|
|
|
|
Summary Decision
|
19.4.2
|
|
|
|
Adjustments to Compensation
|
|
|
|
|
Annual Increase
|
10.7
|
|
|
|
Pre-1972
|
10.8
|
|
|
|
Administration of LHWCA
|
39
|
|
|
|
Administrative Procedure Act
|
19.02
|
|
|
|
19.3.5
|
|
|
|
19.4
|
|
|
|
23.1
|
|
|
|
Adoption
|
2.18
|
|
|
|
Aggravation Rule
|
2.6
|
|
|
|
8.7.7
|
|
|
|
20.2.2
|
|
|
|
70.1
|
|
|
|
70.3
|
|
|
|
Compensability
|
2.2.6
|
|
|
|
Responsible Employer
|
70.0
|
|
|
|
70.2
|
|
|
|
Natural Progression (vs.)
|
2.2.7
|
|
|
|
Alternative Dispute Resolution
|
8.10.12
|
|
|
|
Amendments
|
|
|
|
|
Effective Date of 1984 Amendments
|
90
|
|
|
|
Date of Enactment
|
90.7
|
|
|
|
Death After Enactment
|
90.6
|
|
|
|
Enactment Chart
|
90.2
|
|
|
|
Pending Claim/Retroactivity
|
90.3
|
|
|
|
Post-Enactment Injuries
|
90.5
|
|
|
|
American Medical Association Guides
|
23.8
|
|
|
|
Amputations
|
8.3.12
|
|
|
|
8.3.19
|
|
|
|
8.3.22
|
|
|
|
Annual Increase in Compensation
|
10.7.1
|
|
|
|
Appeals
|
|
|
|
|
Appellant Court
|
21.3
|
|
|
|
Jurisdiction
|
21.3.3
|
|
|
|
Finality/Interlocutory
|
21.3.5
|
|
|
|
Process
|
21.3.2
|
|
|
|
Proper Circuit
|
21.3.1
|
|
|
|
Standing
|
21.3.6
|
|
|
|
Timeliness
|
21.4.2
|
|
|
|
Attorney Fee Awards
|
28.10
|
|
|
|
Benefits Review Board Procedure
|
21
|
|
|
|
Board Appellant Procedure
|
21.2.1
|
|
|
|
Case Law
|
21.2.13.1
|
|
|
|
Direct Appeal from
District Director to Board
|
21.2.8
|
|
|
|
Inadequate Briefing
|
21.2.3
|
|
|
|
Interlocutory Appeals
|
21.2.5
|
|
|
|
Issues Raised in Response
Brief
|
21.2.4
|
|
|
|
Law of the Case
|
21.2.12
|
|
|
|
New Issues
|
21.2.2
|
|
|
|
Remand by Board
|
21.2.11
|
|
|
|
Retroactivity
|
21.2.13
|
|
|
|
Scope of Review
|
21.2.9
|
|
|
|
Standing
|
21.2.6
|
|
|
|
Statutes
|
21.2.13.2
|
|
|
|
Stay of Payments
|
21.2.10
|
|
|
|
Substantial Question
of Law or Fact
|
21.2.7
|
|
|
|
Timeliness of Appeal
|
21.4.1
|
|
|
|
Arising Out of Employment
|
2.2.2
|
|
|
|
Reasonable Interval Rule
|
2.2.2
|
|
|
|
Asbestos
|
2.2.16
|
|
|
|
2.2.18
|
|
|
|
Asbestosis
|
2.2.18
|
|
|
|
Minimal Exposure
|
2.2.16
|
|
|
|
Assignment and Exemption from Claims of Creditors
|
16
|
|
|
|
Attachment to vessel
|
1.4.4
|
|
|
|
Attendant Care
|
7.3.7
|
|
|
|
Attorney--Disqualification of
|
19.3.7
|
|
|
|
Attorney's Fees
|
|
|
|
|
Additional Compensation
|
28.2.4
|
|
|
|
Amount
|
28.2.5
|
|
|
|
28.5
|
|
|
|
Sufficient Explanation
|
28.5.1
|
|
|
|
Appeals
|
28.10
|
|
|
|
Direct Appeal
|
28.10.3
|
|
|
|
Objections Raised
Below
|
28.10.4
|
|
|
|
Standard of Review
|
28.10.1
|
|
|
|
Timely Appeal/Finality
|
28.10.2
|
|
|
|
Application Process
|
28.4
|
|
|
|
Content
|
28.4
|
|
|
|
Due Process
|
28.4.1
|
|
|
|
Time
|
28.4
|
|
|
|
Authority
|
28.7.1
|
|
|
|
Level of Proceedings
|
28.7.1
|
|
|
|
ALJ
|
28.7.2
|
|
|
|
Benefits Review Board
|
28.7.2
|
|
|
|
Claims Examiner
|
28.7.2
|
|
|
|
District Director
|
28.7.2
|
|
|
|
Appellant Court
|
28.7.2
|
|
|
|
Avoidance of Liability
|
28.2.6
|
|
|
|
Claimant's Liability
|
28.3
|
|
|
|
Controversy
|
28.2.1
|
|
|
|
District Director Authority to Award
|
27.1.11
|
|
|
|
District Director's Written Recommendation
|
28.2.3
|
|
|
|
Decline to Pay
|
28.1.4
|
|
|
|
Employer's Liability
|
28.2
|
|
|
|
Factors Considered
|
28.6
|
|
|
|
Clerical Work
|
28.6.6
|
|
|
|
Collateral Action
|
28.6.5
|
|
|
|
Compensable Services
|
28.6.2
|
|
|
|
Costs
|
28.6.7
|
|
|
|
Fee Petition
|
28.6.3
|
|
|
|
Hensley
|
28.6.4
|
|
|
|
Hourly Rate
|
28.6.1
|
|
|
|
Losing on an Issue
|
28.6.4
|
|
|
|
Medical Reports/Testimony
|
28.6.7.2
|
|
|
|
Miscellaneous
|
28.6.7.5
|
|
|
|
Set-off
|
28.6.5.1
|
|
|
|
Transcript
|
28.6.7.3
|
|
|
|
Travel Expenses
|
28.6.7.4
|
|
|
|
Witness Fees
|
28.6.7.1
|
|
|
|
Factors Not Considered
|
28.6
|
|
|
|
Interest
|
28.9.1
|
|
|
|
65.6.1
|
|
|
|
Liability
|
|
|
|
|
Avoidance
|
28.2.6
|
|
|
|
Claimant's
|
28.3
|
|
|
|
Date of Controversy
|
28.2.1
|
|
|
|
Employer's
|
28.2
|
|
|
|
Special Fund
|
28.3.1
|
|
|
|
Tender of Compensation
|
28.2.2
|
|
|
|
Liability Accrues
|
28.1.3
|
|
|
|
Not "Compensation"
|
14.5
|
|
|
|
Section 8(i) Settlement
|
8.10.7
|
|
|
|
Settlements
|
28.9
|
|
|
|
Special Fund
|
28.3.1
|
|
|
|
Successful Prosecution
|
28.1.2
|
|
|
|
Tender of Compensation
|
28.2.2
|
|
|
|
Unapproved Fees
|
28.8
|
|
|
|
Authorization
|
|
|
|
|
Activity
|
20.2.3
|
|
|
|
Medical Care
|
20.2.3
|
|
|
|
Average Annual Earnings
|
10.5
|
|
|
|
Average Weekly Wage
|
2.19
|
|
|
|
10.1
|
|
|
|
Average Annual Earnings
|
10.5.1
|
|
|
|
Actual Wages of Claimant (Sec. 10(a))
|
10.2.2
|
|
|
|
Calculation Under ' 10(a)
|
10.2.5
|
|
|
|
Calculation Under ' 10(b)
|
10.3.3
|
|
|
|
Calculation Under ' 10(c)
|
10.4.5
|
|
|
|
Catch-all Provision
|
10.4.1
|
|
|
|
Criminal activity
|
10.4.4
|
|
|
|
Decedent
|
9.4.1
|
|
|
|
"Earning Capacity" defined
|
10.4.2
|
|
|
|
Employment
|
|
|
|
|
Part-time, seasonal,
intermittent, discontinuous
|
10.4.1
|
|
|
|
Permanent and continuous
|
10.2.1
|
|
|
|
"Substantially the
Whole of the Year"
|
10.2.4
|
|
|
|
Earnings of a Comparable
Employee (Sec. 10(b))
|
10.3.2
|
|
|
|
Evidentiary Requirements
|
10.1.2
|
|
|
|
Hearing Loss
|
8.13.3
|
|
|
|
8.13.12
|
|
|
|
National
|
2.19
|
|
|
|
6.2.3
|
|
|
|
Probable Future Earnings (Sec. 10(c))
|
10.4.4
|
|
|
|
10.6
|
|
|
|
Retiree Provisions
|
10.5.2
|
|
|
|
Time of Injury
|
10.1.1
|
|
|
|
Traumatic injury cases
|
10.1.1
|
|
|
|
Occupational disease
cases
|
10.10.1
|
|
|
|
"Wages" defined
|
2.13
|
|
|
|
10.1.3
|
|
|
|
Examples of inclusions
|
10.1.3
|
|
|
|
Awareness
|
12.3
|
|
|
|
13.3
|
|
|
|
Economic Factors
|
13.3.3
|
|
|
|
Effect of Diagnosis/Report
|
13.3.1
|
|
|
|
Hearing Loss
|
12.3.2
|
|
|
|
Misdiagnosis
|
13.3.1
|
|
|
|
Occupational Disease
|
12.3.2
|
|
|
|
13.3.2
|
|
|
|
Traumatic Injury
|
12.3.1
|
|
|
