Print This Page
E-mail This PageNotices
Recreational Vessel Repair Workers
- American Recovery and Reinvestment Act of 2009 Amendment the LHWCA
The American Recovery and Reinvestment Act of 2009, signed into law on February 17, 2009, amended Section 2(3)(F) of the Longshore & Harbor Workers' Compensation Act, 33 U.S.C. § 902(3)(F), by excluding from Longshore Act coverage all workers engaged in recreational vessel repair, provided they are subject to coverage under a state workers' compensation law. Previously the exclusion applied only to those workers who repaired recreational vessels under 65 feet in length and were subject to state workers' compensation coverage.
For more information, please visit: www.dol.gov/owcp/dlhwc/2009LHWCAAmendment.htm
Settlements
- Lien Rights
M.K. v. California United Terminals, BRB Nos. 08-0392, 08-0450, 08-0606 (BRB Feb. 12, 2009) (ILWU-PMA’s Section 17 lien claims and claims for reimbursement of medical expenses under Section 7 must be resolved simultaneously with Section 8(i) settlement agreements entered into by claimants and their employers; a provision in a settlement application whereby Employer agrees to pay, adjust or litigate ILWU-PMA’s lien does not adequately address the resolution of the lien claims) HTML | PDF
- Submission of Section 8(i) Settlements and Stipulations
When judges remand Longshore and Harbor Workers Act cases to the District Directors for Section 8(i) settlement approval (See 33 USC 908(i); 20 CFR § 702.241), or because the parties have indicated that all outstanding issues have been resolved, they will give the parties a specific date or time period to either submit the settlement papers or inform the District Director of the status of the matter. This will shorten the period in which it takes claimants to receive their settlements or benefits.
- Settlement Judges
OALJ continues to experience a high settlement rate through the Settlement Judge process in Longshore cases. Requests for Settlement Judge Appointments in Longshore cases should be addressed to the Associate Chief Judge for Longshore or to the appropriate district Chief Judge. While reasonable efforts will be made to accommodate requests for specific dates, there can be no guarantee that requests for specific judges will be granted.
- Medicare Secondary Payer Act & § 8(i) settlements
Publication Policies
- Claimant Name Policy Enjoined
On October 27, 2009, the United States District Court for the District of Columbia enjoined the Department of Labor, Office of Administrative Law Judges, from implementing a policy of using initials rather than names of claimants in black lung and longshore decisions. National Association of Waterfront Employers v. Solis, No. 07-2250 (D.D.C. Oct. 27, 2009).
Accordingly, ALJ decisions issued in black lung and longshore cases will now display the claimant's name, and beginning on November 4, 2009, the ability to retrieve such decisions by claimant name on the OALJ web site will be restored.
- Timing of Posting
Decisions in LHWCA cases are transmitted to the OALJ web site five business days after issuance by the ALJ. Links become available six business days after issuance by the ALJ.
Attorneys Fees
- Informal onference Needed in Most Circuits in Order to Obtain an Attorney Fee Under
Section 28(b)
With its decision in Davis v. Eller & Co., 41 BRBS 58 (June 4, 2007) HTML | PDF arising out of the Eleventh Circuit, the Board has now realigned itself with the majority of circuits (Fourth, Fifth and Sixth) which hold that in order for a claimant to obtain an attorney fee under Section 28(b), there must have been an informal conference. Since the position of the Ninth Circuit (Claimant is entitled to a fee where the extent of liability is controverted and claimant successfully obtains increased compensation regardless of whether employer specifically rejected an administrative recommendation.) remains unchanged, the Board’s position is not applicable law in that circuit.
The Defense Base Act
- Modification of Hearing Policy on Defense Base Act Cases - June 16, 2008
OALJ will no longer automatically expedite Defense Base Act cases arising in a war zone, but will require a written request for expedited processsing.
ALJs in most cases may now require an initial conference and initial disclosures similar to those required by Fed. R. Civ. P. 26(f)(2).
- Kerry Anzalone, The
Defense Base Act—A Growth Industry?"
(This article appeared in the August 2004 BRBS Commentary on Longshore and Related Matters.
Matthew Bender has given its permission for this article to be posted on our web site.) - OWCP FAQs on the Defense Base Act.