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JUDGES' BENCHBOOK:
Longshore and Harbor Workers' Compensation Act
April 16, 2002 [2002 Revision] |
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| INDEX - TOPICS O,P |
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 |
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Obligation to Report Work |
8.12 |
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Occupational Diseases |
2.2.13 - 2.2.17 |
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Calculation of Benefits for Retirees |
10.5.2 |
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Death Due to Occupational Disease |
9.4.2 |
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Definition |
2.2.13 |
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Disability |
2.2.14 |
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Filing a Claim |
13.1.2 |
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Awareness Standard |
13.3.2 |
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General Concepts |
2. 2.13 |
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Notice |
12.2 |
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"Protective Filing" |
19.1 |
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Time of Injury |
10.10 |
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Section 8(f) |
2.2.17 |
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Occupational Safety and Health Act (OSHA) |
27.1.14 - 27.1.14.5 |
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Compliance as Substantial Rebuttal Evidence |
27.1.14.1 |
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Legislative Purpose |
27.1.14.2 |
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Nexus |
27.1.14.3 |
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Noise Regulations |
27.1.14.4 |
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Section 20 Presumption |
27.1.14.5 |
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Outer Continental Shelf Lands Act |
1.10 |
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60.3 |
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Applicability |
60.3.1 |
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Coverage |
60.3.2 |
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Member of a Crew Exclusion |
60.3.3 |
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OCSLA v. Admiralty v. State Jurisdiction |
60.3.4 |
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"Overall Employment" Test |
1.8 |
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A Over land @ |
1.6.2 |
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Overpayment |
14.5 |
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65.7 |
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65.10 |
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Overtime |
2.13 |
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Overtime hours |
2.13 |
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10.1.3 |
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"Over water" |
1.6.1 |
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Parent |
2.15 |
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Payment of Compensation |
14.1 |
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14.4 |
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Ceiling |
14.6.4 |
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Payments |
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Ceiling on Payments |
14.6.4 |
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Commutation of Benefits |
14.6.2 |
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Credit for Prior Payments |
14.5 |
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Default |
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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District Director = s Role |
14.6.2 |
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Final Payment |
14.6.1 |
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Penalties |
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Section 14(e) |
14.3 |
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Section 14(f)[20% when award not paid timely] |
14.4 |
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Misrepresentation B Prosecution of Claims |
31 |
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Claimant = s Conduct |
31.2 |
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Debarred Representatives |
31.3 |
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Employer Misrepresentation |
31.4 |
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Penalties |
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Discrimination Against Employees Who Bring Proceedings |
48a.2.4 |
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Failure to Controvert (Section 14(e)) |
14.2.2 |
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14.3 |
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Employer Knowledge |
14.3.1 |
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Period of Assessment |
14.3.2 |
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Voluntary Payments |
14.3.3 |
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Failure to Timely Pay Compensation (Section 14(f)) |
14.4 |
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Hearing Loss Claims |
8.13.10 |
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Misrepresentation |
31 |
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Claimant's Conduct |
31.2 |
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Debarred Representatives |
31.3 |
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Employer Misrepresentation |
31.4 |
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Generally |
31.1 |
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Pending Claim |
90.3 |
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Permanent Disability ( also see Disability) |
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Permanent Partial Disability ( also see Disability) |
8.3 |
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Amputated Arm or Leg |
8.3.19 |
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Compromising the Medical Ratings |
8.3.2 |
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Disfigurement |
8.3.24 |
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Determining Loss of Phalanges |
8.3.14 |
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Loss of Use of Hand |
8.3.10 |
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Loss of Use of Finger (Fourth) |
8.3.17 |
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Loss of Use of Fingers (Second and Third) |
8.3.16 |
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Loss of Use of Foot |
8.3.11 |
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Loss of Use of Great Toe |
8.3.15 |
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Loss of Use of Leg |
8.3.6 |
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Loss of Use of Thumb |
8.3.14 |
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Loss of Use of Two or More Digits |
8.3.21 |
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Scheduled Awards |
8.3.1 |
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Calculations |
8.3.23 |
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Multiple Injuries |
8.3.26 |
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Section 8(c)(1) (Loss of Use of Arm) |
8.3.3 |
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Section 8(c)(1) and 8(c)(2) (Concurrent Awards) |
8.3.4 |
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Total Loss of Use |
8.3.22 |
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Partial Loss of Use |
8.3.23 |
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Vision/Sight |
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Binocular Vision |
8.3.20 |
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Loss of Use of Eye |
8.3.13 |
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Person |
2.1 |
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"Person Entitled to Compensation" |
33.6.1 |
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Phalanges |
8.3.18 |
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Physician |
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Change of |
7.5 |
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Choice of |
7.4 |
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Debarment |
7.12 |
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Emergencies |
7.4.2 |
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Fees Limits |
7.9 |
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Impartial Examiner |
7.8 |
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Report |
7.6.3 |
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Specialists |
7.5.1 |
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Physical harm |
2.2.4 |
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Pier |
1.5.2 |
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" Point of Rest" Test |
1.8 |
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Practice and Procedure |
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Generally |
19.01 |
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Due Process |
19.02 |
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Pre-Emption |
85.3 |
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Presumptions |
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Injury |
20.2.2 |
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Notice |
20.7 |
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Not Intoxicated |
3.2 |
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20.8 |
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Occurrence of Accident or Existence of Working Conditions |
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Which Could Have Caused Accident |
20.2.3 |
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Prima Facie Case |
20.2 |
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Section 20(a) |
1.3 |
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9.1.2 |
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20 |
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Application |
20.5 |
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Arising Out of and in the Course of Employment |
20.5.2 |
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Burden of Rebuttal |
20.3 |
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Causal Relationship |
20.5.1 |
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Failure to Apply |
20.2.5 |
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Medical Bills |
20.5.3 |
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Nonapplicability |
20.6 |
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Presumption No Longer Affects outcome |
20.4 |
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Prima Facie Case |
20.2.1 |
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Proper Invocation |
20.2.4 |
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Viv-a-vis Injury |
2.2.1 |
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Unintentional Injury |
3.2 |
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20.9 |
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Prima Facie Case |
8.2.3 |
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20.2.1 |
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Procedure |
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Adjudicatory Powers |
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The Claim ( See also A Filing the Claim @ ) |
19.1 |
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Procedural Issues |
19 |
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70.8 |
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ALJ Adjudicatory Powers |
19.3 |
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27 |
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28.7 |
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Authority Generally |
27 |
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Approve Settlements |
27.1.5 |
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Authority to Award Attorney Fees |
28.7 |
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Authority to Determine Reasonableness |
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Refusal to Undergo Medical Exam or Treatment |
27.1.12 |
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Authority to Enter Order |
27.1.6 |
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Authority to Grant Summary Decisions |
19.4.2 |
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27.1.4 |
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Authority to Resolve Contract Disputes |
27.1.11.1 |
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27.1.11.2 |
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Authority to Modify Existing Compensation Order |
27.1.7 |
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Compel Attendance at Deposition |
27.1.2 |
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Discovery |
27.2 |
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Section 7 Medicals |
27.1.13 |
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Subpoenas |
27.1.3 |
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Award After Death of Employee |
19.7 |
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Board Appellate Procedure |
21.2 |
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21.4.1 |
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Circuit Court Appellate Procedure |
21.3 |
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21.4.2 |
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Claim |
19.1 |
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Discrimination Claim |
48a.2.3 |
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District Director |
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Authority to Award Attorney Fees |
27.1.11 |
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Authority to Enter Section 14(f) Assessment |
27.1.9 |
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Authority to Issue Supplementary Comp. Order |
27.1.10 |
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Hold Informal Conference |
27.1.8 |
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Transfer Claim to Other District Director |
19.8 |
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Exclude Evidence |
27.1.1 |
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Federal District Court Enforcement |
27.3 |
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Formal Hearings Comply with APA |
19.4 |
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Formal Order Filed with District Director |
19.6 |
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Medical Examinations |
19.9 |
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Motion for Reconsideration |
19.5 |
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Notice of Claim |
19.2 |
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Notice of Injury |
12.5 |
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Practice & Procedure |
19.01 |
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"Protective Filing" |
19.1 |
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Responsible Employer |
70.12 |
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"Protective Filing" |
19.1 |
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Psychological Impairment |
2.2.4 |
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2.2.18 |
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