(E) Determinations of loss of hearing shall be made in accordance with the guides for the evaluation of permanent impairment as promulgated and modified from time to time by the American Medical Association. . (b) No agreement by an employee to waive his right to compensation under this Act shall be valid. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Powers of deputy commissioners or Board. ]]>*/, This Act may be cited as "Longshore and Harbor Workers' Compensation Act.". (c) Inspection of places and practices of employment. 688) [46 USC Appx 688] (relating to recovery for injury to or death of seamen) shall be credited against any liability imposed by this Act. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Note: Most of the Microsoft EXCEL files are formatted in "landscape." (j) Reimbursement for advance payments. If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury. (16) Binocular vision or per centum of vision: Compensation for loss of binocular vision or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. (c) Delivery requirements; designation of agents. .h1 {font-family:'Merriweather';font-weight:700;} The mission of the Longshore Program is to minimize the impact of land based, maritime employment injuries and deaths on the injured employees and their families by ensuring that workers' compensation benefits are provided promptly and properly under the Longshore and Harbor Workers' Compensation Act (LHWCA), Defense Base Act (DBA), Non-Appropri. Such action shall be brought in the court of appeals of the United States for the judicial circuit in which the plaintiff resides or has his principal place of business, or the Court of Appeals for the District of Columbia. (e) In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 6(b) [33 USC 906(b)], but , (1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 6(b)(1) [33 USC 906(b)(1)]; and. (c) Use as evidence. (2) The employer shall pay any excess to the person entitled to compensation or to the representative. (3) Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee in any amount and on such schedule as determined by the deputy commissioner. Where such injury occurred prior to 1947, the Secretary shall determine, on the basis of such economic data as he deems relevant, the amount by which the employee's average weekly wage shall be increased for the pre-1947 period. (C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares. An agency within the U.S. Department of Labor, 200 Constitution AveNW (b)(1) No representation fee of a claimant's representative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to section 28 of this Act [33 USC 928], if the claimant's representative is on the list of individuals who are disqualified from representing claimants under this Act maintained by the Secretary pursuant to paragraph (2) of this subsection. (c)(1)(20) of this section] dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be payable to or for the benefit of his survivors, as follows: (A) if the employee is survived only by a widow or widower, such unpaid amount of the award shall be payable to such widow or widower. Deputy commissioners (except deputy commissioners appointed under subdivision (a) of this section) may be transferred from one compensation district to another and may be temporarily detailed from one compensation district for service in another in the discretion of the Secretary. If any proceedings are had before the Board or any court for review of any action, award, order, or decision, the Board or court may approve an attorney's fee for the work done before it by the attorney for the claimant. (c) That the injury was not occasioned solely by the intoxication of the injured employee. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Failure to present such request prior to such consideration shall be an absolute defense to the special fund's liability for the payment of any benefits in connection with such claim, unless the employer could not have reasonably anticipated the liability of the special fund prior to the issuance of a compensation order. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. If the employer or carrier refuse to accept such written recommendation, within fourteen days after its receipt by them, they shall pay or tender to the employee in writing the additional compensation, if any, to which they believe the employee is entitled. You are forbidden to download the materials unless you read, agree to and abide by the provisions of the copyright statement. .manual-search-block #edit-actions--2 {order:2;} In case the payment in default is an installment of the award, the deputy commissioner may, in his discretion, declare the whole of the award as the amount in default. 927. (18) The term "student" means a person regularly pursuing a full-time course of study or training at an institution which is . In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this Act may be most effectively discharged by the employer, and in order that the administration of this Act in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect of such liability, imposed by this Act upon the employer, as it considers proper in order to effectuate the provisions of this Act. If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subdivision (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subdivision (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment. 742), as amended. (f) Additional compensation for overdue installment payments payable under terms of award. The methodology for calculating medical reimbursement fees remains unchanged. (20) The term "Board" shall mean the Benefits Review Board. (a) Safe place of employment; installation of safety devices and safeguards. (c) Transfers to other districts; temporary details. (e) Recoveries by assignee. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in the Fee Schedule. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} An official website of the United States government. The Act provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining . 948a. Such lien shall have priority over a lien under paragraph (3) of this subsection. Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the purpose of making examinations or reviews under subsection (e) of this section who, during such employment, or during the period of two years prior to such employment, has been employed by, or accepted or participated in any fee relating to a workmen's compensation claim from any insurance carrier or any self-insurer. (e) Records and papers. Any use of CPT outside of the Fee Schedule should refer to the most Current Procedural Terminology which contains the complete and most current listing of CPT codes and descriptive terms. The deputy commissioner may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this Act and to exercise the powers granted to or to perform the duties required of such person under this Act. Longshore and Harbor Workers' Compensation Act (LHWCA) Division of Coal Mine Workers' Compensation (DCMWC) Federal Black Lung Benefits . 600), as amended, nor under the authority of the Act of August 16, 1941 (ch. (c) If there be one surviving child of the deceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 16 2/3 per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66 2/3 per centum of such wages. (b) In cases where judgment cannot be satisfied by reason of the employer's insolvency or other circumstances precluding payment, the Secretary of Labor may, in his discretion and to the extent he shall determine advisable after consideration of current commitments payable from the special fund established in section 44 [33 USC 944], make payment from such fund upon any award made under this Act and in addition, provide any necessary medical, surgical, and other treatment required by section 7 of the Act [33 USC 907] in any case of disability where there has been a default in furnishing medical treatment by reason of the insolvency of the employer. (a) Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 7, 8, and 9 [33 USC 907, 908, 909]. Any amount recovered by such employer on account of such assignment, whether or not as the result of a compromise, shall be distributed as follows: (1) The employer shall retain an amount equal to . (c) List of unauthorized physicians and health care providers; posting; reasons for inclusion. (i) has been convicted (without regard to pending appeal) of any crime in connection with the representation of a claimant under this Act or any workers' compensation statute; (ii) has engaged in fraud in connection with the presentation of a claim under this or any workers' compensation statute, including, but not limited to, knowingly making false representations, concealing or attempting to conceal material facts with respect to a claim, or soliciting or otherwise procuring false testimony; (iii) has been prohibited from representing claimants before any other workers' compensation agency for reasons of professional misconduct which are similar in nature to those which would be grounds for disqualification under this paragraph; or. (b) In granting authorization to any carrier to insure payment of compensation under this Act, the Secretary may take into consideration the recommendation of any State authority having supervision over carriers or over workmen's compensation, and may authorize any carrier to insure the payment of compensation under this Act in a limited territory. The Secretary shall make to Congress at the beginning of each regular session, commencing at the beginning of the second regular session after the enactment of the Longshore and Harbor Workers' Compensation Act Amendments of 1984 [enacted Sept. 28, 1984], a report of the administration of this Act for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the fund established in section 44 [33 USC 944], together with such recommendations as the Secretary deems advisable. ], 937. Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Secretary a report setting forth (1) the name, address, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death occurred; and (5) such other information as the Secretary may require. (f) Awards after death of employee. The .gov means its official. (e) Physical examination; medical questions; report of physical impairment; review or reexamination; costs. To calculate a fee for a particular procedure: Identify the appropriate conversion factor, which is listed within the respective Ground Rules document. The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, r. The initial determination under this paragraph shall be made as soon as practicable after the enactment of this subsection. Note: Most of the Microsoft EXCEL files are formatted in "landscape." (2) Any decision to take action with respect to a physician or health care provider under this section shall be based on specific findings of fact by the Secretary. In case of practical difficulties or unnecessary hardships, the Secretary in his discretion may grant variations from any such rule or regulation, or particular provisions thereof, and permit the use of other or different devices if he finds that the purpose of the rule or regulation will be observed by the variation and the safety of employees will be equally secured thereby. Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasury of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.
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