USDOL OALJ LHWCA Benchbook, Index Topic A (2002)

JUDGES' BENCHBOOK: Longshore and Harbor Workers' Compensation Act April 16, 2002 [2002 Revision]

INDEX - TOPIC A

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.

INDEX
	Topic Sections	Screen HTML
A
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
Responsible Employer	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
Asbestos	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
Amount	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
Interest	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
Average Weekly Wage	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
Hearing Loss	8.13.12
National	2.19
National	6.2.3
Probable Future Earnings (Sec. 10(c))	10.4.4
Probable Future Earnings (Sec. 10(c))	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
"Wages" defined	10.1.3
Examples of inclusions	10.1.3
Awareness	12.3
Awareness	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
Occupational Disease	13.3.2
Traumatic Injury	12.3.1