SUMMARY
This all new chapter takes an in-depth look at the Longshore & Harbor Workers' Compensation Act. The chapter explores the situs and status requirements that determine if an employee is covered by the Act, reviews exclusions from the Act, and analyzes the procedural requirements of giving notice and filing claims. The chapter discusses employer responsibility and causation, calculation of average weekly wages, and the process for modification of compensation. Finally the chapter explores death benefits, settlements, and attorney fees. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 4
LONGSHORE & HARBOR WORKERS’ COMPENSATION ACT
Norman Cole
§ 4.1 INTRODUCTION
§ 4.1-1 Brief History of the Act
§ 4.1-2 Exclusive versus Concurrent Jurisdiction
§ 4.1-3 Administration and Hearings
§ 4.1-4 Legal Authority and Legal Research
§ 4.1-5 Major Differences, LHWCA versus Oregon Compensation Act
§ 4.2 SITUS
§ 4.2-1 Basic Concepts
§ 4.2-2 Navigable Waters of the United States
§ 4.2-3 Pier, Wharf, Dry Dock, Terminal, Building Way, or Marine Railway
§ 4.2-4 Adjoining Areas
§ 4.2-5 Injuries on Bridges
§ 4.3 STATUS
§ 4.3-1 Status in General
§ 4.3-2 Integral Work
§ 4.3-3 Ship Loading and Unloading
§ 4.3-4 Status Based on Work on Navigable Waters
§ 4.4 EXCLUSIONS
§ 4.4-1 Statutory Basis
§ 4.4-2 Office Clerical, Secretarial, Security, or Data Processing Work
§ 4.4-3 Individuals Employed By a Club, Camp, Recreational Operation, Restaurant, Museum, or Retail Outlet
§ 4.4-4 Individuals Employed By a Marina
§ 4.4-5 Suppliers, Transporters, and Vendors
§ 4.4-6 Aquaculture Workers
§ 4.4-7 Recreational and Small-Boat Workers
§ 4.4-8 Masters or Members of a Crew
§ 4.4-9 Government Employees
§ 4.4-10 Intoxication
§ 4.5 NOTICE
§ 4.5-1 Notice Not Required For Nondisabling Claim
§ 4.5-2 Time Limits for Giving Notice
§ 4.5-3 How Notice Is Given
§ 4.5-4 Excuses for Failure to Give Timely Notice
§ 4.6 CLAIM
§ 4.6-1 No Time Limit for Filing Medical Only Claim
§ 4.6-2 Time Limits for Filing Claim
§ 4.6-3 How a Claim is Filed—Form of the Claim
§ 4.6-4 Tolling the Statute
§ 4.7 CAUSATION AND § 20 PRESUMPTIONS
§ 4.7-1 The § 20(a) Presumption
§ 4.7-2 Claimant’s Initial Burden to Invoke the Presumption
§ 4.7-3 Employer’s Burden to Rebut the Presumption
§ 4.7-4 Occupational-Disease and Cumulative-Trauma Claims
§ 4.7-5 Scope of Compensable Condition
§ 4.8 RESPONSIBILITY
§ 4.8-1 Two Rules
§ 4.8-2 Joining Other Employers/Carriers
§ 4.9 AVERAGE WEEKLY WAGE
§ 4.9-1 Components of AWW
§ 4.9-2 § 10(a) Calculation
§ 4.9-3 § 10(b) Calculation
§ 4.9-4 § 10(c) Calculation
§ 4.9-5 Prior Disabling Injuries May Influence AWW in Subsequent Claims
§ 4.9-6 Date of Injury
§ 4.9-7 Hearing-Loss Claims
§ 4.9-8 Retired Workers with Latent Disease
§ 4.10 MAXIMUM AND MINIMUM COMPENSATION
§ 4.11 TEMPORARY DISABILITY AND MAXIMUM MEDICAL IMPROVEMENT
§ 4.11-1 Temporary Disability
§ 4.11-2 Maximum Medical Improvement (MMI)
§ 4.12 PERMANENT DISABILITY
§ 4.12-1 Scheduled Permanent Partial Disability
§ 4.12-2 Unscheduled Permanent Partial Disability
§ 4.12-3 Permanent Total Disability
§ 4.12-4 PPD for Retired Workers with Latent Diseases
§ 4.13 MODIFICATION
§ 4.13-1 Time Limit
§ 4.13-2 § 8(i) Settlements Cannot Be Modified
§ 4.13-3 Modification Based on Mistake in Fact
§ 4.13-4 Modification Based on Change of Condition
§ 4.13-5 Effect of Modification
§ 4.14 MEDICAL SERVICES
§ 4.14-1 Choice of Physician
§ 4.14-2 OWCP Authority
§ 4.14-3 Scope of Medical Care
§ 4.14-4 Who Can Be a Treating Physician?
§ 4.14-5 Provider/Insurer Standing
§ 4.15 COMPENSATION FOR DEATH
§ 4.15-1 Qualified Beneficiaries
§ 4.15-2 Amount of Compensation
§ 4.16 SETTLEMENTS
§ 4.16-1 Orders Approving Stipulations or Compensation Orders
§ 4.16-2 § 8(i) Settlements
§ 4.17 ATTORNEY FEES
§ 4.17-1 Entitlement to a Fee Per § 28(a)
§ 4.17-2 Entitlement to a Fee Per § 28(b)
§ 4.17-3 Amount of Fees
§ 4.17-4 Fees for Services on Appeal
§ 4.17-5 Other Fee Entitlement Disputes
§ 4.17-6 Fees Payable by the Claimant
§ 4.18 INTEREST
Appendix 4A Abbreviations