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JUDGES' BENCHBOOK:
Longshore and Harbor Workers' Compensation Act
April 16, 2002 [2002 Revision] |
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| INDEX - TOPIC D |
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.
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Index |
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Topic Sections |
Screen HTML |
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D |
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Date of Judgment |
65.8.3 |
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Death |
2.11. 9 |
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Aliens |
9.3.8 |
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Amount of Compensation Payable |
9.3.2 |
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Application of Section 9 |
9.1 |
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Award After Death of Employee |
19.7 |
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Employer/Carrier or Trust Fund Responsibility |
9.1.1 |
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Extension Acts Applicability |
9.1 |
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Funeral Expenses |
9.2 |
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Maximum/Minimum Benefit |
9.4 |
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Average Weekly Wage |
9.4.1 |
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Death Due to Occupational Disease |
9.4.2 |
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Responsible Employer/Carrier |
9.1.1 |
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Section 20(a) Presumption |
9.1.2 |
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Settlement of Death Benefit Claims |
9.1 |
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Survivors' Benefits |
8.5 |
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9.3 |
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9.3.5 |
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9.3.6 |
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9.3.7 |
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Surviving Spouse B Death or Remarriage |
9.3.3 |
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Debarment (Physician) |
7.12 |
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31.3 |
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Default Payments |
18 |
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Constitutionality |
18.1 |
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Subrogation of Special Fund |
18.3 |
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Supplemental Order Declaring Default |
18.2 |
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Defense Base Act |
60.2 |
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Appeals |
60.2.6 |
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Applicability |
60.2.1 |
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Claim Must Stem from a "Contract" for "Public Work" Overseas |
60.2.2 |
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Inapplicability to "Master" or "Member of a Crew" |
60.2.3 |
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Substantive Rights |
60.2.4 |
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Waiver of Applicability |
60.2.5 |
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"Zone of Special Danger" |
60.2.7 |
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Nationalization of Job Not Compensable |
60.2.8 |
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� Wages @ Includes Overseas Allowances and Wage Additive |
60.2.9 |
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Defenses |
12.4 |
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70.5 |
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Failure to Notify Employer of Injury |
12.4 |
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Responsible Employer |
70.6 |
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De Minimis Awards |
8.2.2 |
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22.3.3 |
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Depositions |
24.3 |
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Deputy Commissioner [ see also District Director] |
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Definition of |
2.7 |
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Role of |
14.6.2 |
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Diligent Search and Willingness to Work |
8.2.4.9 |
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"Directly Involved" Test |
1.8 |
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Disability |
2.10 |
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Burdens of Proof |
8.2.4.1 |
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Conflicts Between Sections |
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Concurrent Awards of Permanent Disability |
8.4.3 |
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Multiple Scheduled Injuries/Successive Injuries |
8.4.4 |
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Permanent Partial v. Permanent Total |
8.4.2 |
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8.4.5 |
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Unscheduled and Total |
8.4.1 |
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Date Total Disability Becomes Partial |
8.2.4.10 |
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Definition of |
2.10 |
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8.2.3 |
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De Minimis Award |
8.2.2 |
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Disfigurement |
8.3.24 |
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Multiple Injuries |
8.3.4 |
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8.3.5 |
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8.3.7 |
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8.3.8 |
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8.3.9 |
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8.3.21 |
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Extent of |
8.2 |
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Nature of |
8.1 |
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8.4.1 |
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8.4.2 |
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8.4.5 |
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Onset |
2.10.2 |
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Partial |
8.2.4 |
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Permanency |
8.1.2 |
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8.1.3 |
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8.1.4 |
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8.1.5 |
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Permanent Partial |
8.3 |
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8.4.4 |
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8.7.6 |
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8.3.23 |
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Pre-Existing |
8.7.3 |
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Temporary Partial |
8.6 |
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Total |
8.2.3 |
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8.3.7 |
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Suitable Alternate Employment (also see separately in Index) |
8.2.4 |
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Unemployment Compensation |
2.10.1 |
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Vocational Background vs.� Legal Qualification to Work |
2.10.1 |
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While Undergoing Vocational Rehabilitation |
8.2.3.2 |
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Work-related followed by Non-work-related |
8.4.4 |
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Discovery |
19.3.6.2 |
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27.2 |
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Discrimination Against Employees Who Bring |
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ADA |
48a.3 |
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Commission of a Discriminatory Act |
48a.2.1 |
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Determining If Employer Has Discriminated |
48a.2 |
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Penalty for Violation of ' 48a |
48a.2.4 |
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Proceedings |
48a.1 |
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Procedure and Burden of Proof |
48a.2.3 |
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Statute of Limitations |
48a.2.2 |
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Generally |
48a.1 |
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Disfigurement |
8.3.24 |
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Dismissal of Claim |
19.3.3 |
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District Director [ see also Deputy Commissioner] |
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Approve Settlements |
19.4.1 |
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Cannot Hold Hearings After 11/26/72 |
19.4.1 |
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Discretionary Acts |
19.3.1 |
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19.4.1 |
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Formal Order Filed With |
19.6 |
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Powers |
27 |
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Role |
19.4.1 |
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Transfer of Claim to Other District Director |
19.8 |
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District of Columbia Workers' Compensation |
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Act |
60.1 |
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Applicability |
60.1.1 |
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Coverage ( Cardillo Test) |
60.1.2 |
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D.C. Act and Determining Average Weekly Wage |
60.1.3 |
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D.C. Act and Medical Costs |
60.1.4 |
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Dual Capacity Status |
5.2.3 |
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Due Process |
19.02 |
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19.4 |
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Duplicate Claims |
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Hearing Loss |
8.13.6 |
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