JUDGES' BENCHBOOK:
Longshore and Harbor Workers' Compensation Act
April 16, 2002 [2002 Revision]
CONTENTS
DISCLAIMER:
The Longshore Benchbook was created solely to assist the Office of Administrative Law
Judges as a first reference in researching cases arising under the Longshore and Harbor Workers'
Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official
opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual
judge on any subject. This Benchbook does not necessarily contain an exhaustive or current
treatment of case holdings, and should, under no circumstances, substitute for a party's own research
into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is
intended to be used as a research tool, not as final legal authority and should not be cited or relied
upon as such.
TABLE OF CONTENTS
TITLE
TOPIC
SCREEN
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OUTSIDE COVER FOR VOLUME 1
OUTSIDE COVER FOR VOLUME 2
INSIDE COVER
NOTES AND DISCLAIMER
TABLE OF CONTENTS
JURISDICTION/COVERAGE
1
DEFINITIONS
2
COVERAGE
3
COMPENSATION LIABILITY
4
EXCLUSIVITY OF REMEDY AND THIRDPARTY
LIABILITY
5
COMMENCEMENT OF COMPENSATION
6
MEDICAL BENEFITS
7
DISABILITY
8.1
EXTENT
OF DISABILITY
8.2
PERMANENT PARTIAL DISABILITY
8.3
CONFLICTS BETWEEN APPLICABLE SECTIONS
8.4
DEATH BENEFITS FOR SURVIVORS
8.5
TEMPORARY PARTIAL DISABILITY
8.6
SPECIAL FUND RELIEF
8.7
MAINTENANCE FOR VOCATIONAL REHAB
8.8
WAGE-EARNING CAPACITY
8.9
SECTION 8(i) SETTLEMENTS
8.10
WITHDRAWAL OF CLAIM
8.11
OBLIGATION TO REPORT FOR WORK
8.12
HEARING LOSS
8.13
COMPENSATION FOR DEATH
9
DETERMINATION OF PAY
10
NOTICE OF INJURY OR DEATH
12
TIME FOR FILING OF CLAIMS
13
PAYMENT OF COMPENSATION
14
INVALID AGREEMENTS
15
ASSIGNMENT AND EXEMPTION FROMCLAIMS
OF CREDITORS
16
LIEN AGAINST ASSETS
17
DEFAULT PAYMENTS
18
PRACTICE AND PROCEDURE
19.01
DUE PROCESS
19.02
PROCEDURE
19
PRESUMPTIONS
20
REVIEW OF COMPENSATION ORDER
21
MODIFICATION
22
EVIDENCE
23
WITNESSES
24
COSTS
26
POWERS OF ADMINISTRATIVE LAW JUDGES
27
ATTORNEY'S FEES
28
REPORTS
30
PENALTY FOR MISREPRESENTATION--PROSECUTION OF CLAIMS
31
COMPENSATION FOR INJURIES WHERETHIRD
PERSONS ARE LIABLE
33
ADMINISTRATION AND VOCATIONALREHABILITATION
39
DISCRIMINATION AGAINST EMPLOYEESWHO
BRING PROCEEDINGS
48a
LONGSHORE ACT EXTENSIONS
60
INTEREST
65
RESPONSIBLE EMPLOYER
70
EMPLOYER-EMPLOYEE RELATIONSHIP
75
RIPENESS
80
RES JUDICATA, COLLATERALESTOPPEL, FULL
FAITH ANDCREDIT, ELECTION OF REMEDIES
85
1984 AMENDMENTS
90
APPENDICES
The Longshore and Harbor Workers' Compensation Act