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JUDGES' BENCHBOOK:
Longshore and Harbor Workers' Compensation Act
April 16, 2002 [2002 Revision] |
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| INDEX - TOPIC S |
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 Section |
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S |
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"Savings to Suitors" Clause |
1.4.1 |
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Scheduled Awards |
8.3.26 |
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8.7.7 |
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Scheduled Injury Calculations |
8.3.26 |
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Seaman |
1.4.1 |
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1.4.2 |
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Secretary of Labor |
2.6 |
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39 |
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Administration of LHWCA |
39.1 |
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Authority to Direct Vocational Rehabilitation |
39.3 |
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Provision of Information & Legal Assistance |
39.2 |
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Section 20(a) Presumption Death |
9.1.2 |
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Section 33(g) |
33.7 |
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Service disability benefits |
3.4.2 |
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Settlement Judge Procedure |
8.10.12 |
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Settlements |
8.7.9.6 |
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8.10 |
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27.1.4 |
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Alternative Dispute Resolution |
8.10.12 |
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Section 8(i) |
8.10 |
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Approval |
8.10.5 |
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Attorney's Fees |
8.10.7 |
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28.9 |
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Checklist |
8.10.10 |
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Jurisdiction 8.10.2(a) Modification |
8.10.8 |
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Persons Authorized |
8.10.2 |
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Power to Approve |
27.1.5 |
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Relief |
8.10.9 |
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Section 8(f) Relief |
8.10.9 |
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Setting Aside |
8.10.8.2 |
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Structure |
8.10.3 |
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Time Frame |
8.10.4 |
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Withdrawal |
8.10.6 |
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Sheltered Employment |
8.2.3.1 |
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Simultaneous Employers |
70.11 |
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Situs |
1.1 |
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1.5.1 |
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1.6 |
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Over Land |
1.6.2 |
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Over Water |
1.6.1 |
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Small vessel exclusions |
1.4.3 |
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"Special Fund First" Rule |
8.13.6 |
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8.3.26 |
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8.4.4 |
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Special Fund Relief [Section 8(f) Relief] |
8.7 |
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Absolute Bar |
8.7.9.4 |
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Applicability & Purpose |
8.7.1 |
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Attorney Fees |
28.3.1 |
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Disability Defined (for 8(f) purposes) |
8.7.3.1 |
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Examples of Specific Diseases |
8.7.3.3 |
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Duration of Liability |
8.7.7 |
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Interest |
65.9 |
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Manifest |
8.7.4 |
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Miscellaneous Issues |
8.7.8 |
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Multiple Disability Periods/Multiple Injuries |
8.7.7.1 |
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Permanent Partial Disability |
8.7.6 |
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Procedural Issues |
8.7.9 |
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Requirements |
8.7.2-8.7.6 |
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Settlements and Stipulations, Effect of |
8.7.9.6 |
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Subrogation of Special Fund to Rights of Claimant |
18.3 |
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Timeliness |
8.7.9.2 |
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Spiritual Healing |
7.13 |
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Standing |
1.1.1 |
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8.7.9.1 |
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State |
2.8 |
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Statute of Limitation ( See also "Filing a Claim" |
13.1 |
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Status |
1.1 |
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1.7 |
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1.8 |
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Bridge Building |
1.7.3 |
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Harbor-Worker |
1.7.2 |
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Historic Tests |
1.8 |
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Maritime Worker |
1.7.1 |
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Statute of Limitations |
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Discrimination Claim ( ' 48a) |
48a.2.2 |
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Starting |
13.1 |
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Tolling |
13.4 |
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30.8 |
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Another Suit |
13.4.3 |
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Filing LS-201 |
13.4.1 |
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Filing State Claim |
13.4.2 |
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Laches |
13.4.5 |
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Payment of State Worker's Comp |
13.4.4 |
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Stay of Payments |
21.2.10 |
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Stipulations |
8.7.9.6 |
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19.02 |
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Student |
2.18 |
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Subcontractor Liability |
4.1.1 |
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Subject Matter Jurisdiction |
1.2 |
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Subpoenas |
27.1.3 |
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Subrogation |
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Carrier to Rights of Employer in Third-Party Settlement |
33.8 |
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Special Fund to Rights of Claimant |
18.3 |
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Subsequent Injury |
2.2.3 |
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"Substantial Evidence" |
21.2.9 |
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21.3.4 |
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"Substantial Part of Employment in Indisputably Maritime Activity" Test |
1.8 |
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Successive Injuries |
70.2 |
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Suitable Alternate Employment |
8.2.4 |
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Actual v. Theoretical |
8.2.4.2 |
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Burdens of Proof |
8.2.4.1 |
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Diligent Search |
8.2.4.9 |
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Effect on Permanent Disability |
8.2.4.10 |
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Employee Working |
8.2.4.6 |
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Factors Affecting Employer's Burden |
8.2.4.7 |
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Jobs in Employer's Facility |
8.2.4.8 |
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Location of Jobs |
8.2.4.3 |
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Nature, Terms, and Availability |
8.2.4.2 |
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Number of Available Jobs Required |
8.2.4.4 |
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Subsequent lay-offs |
8.2.4.7 |
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Unnecessary surgery |
8.2.4.7 |
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Vocational Evidence |
8.2.4.5 |
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Voluntary Withdrawal from Labor Market |
8.2.4.7 |
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Summary Decision |
19.4.2 |
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27.1.4 |
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Survivors |
8.5 |
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9.3 |
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Amount of Compensation Payable |
9.3.2 |
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Compensation to Aliens |
9.3.8 |
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Death or Remarriage of Surviving Spouse |
9.3.3 |
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Family Unit Exception |
9.3.2 |
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No Survivors or Dependents |
9.3.7 |
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Payments to Other Dependents |
9.3.6 |
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Spouse & Child |
9.3.1 |
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Surviving Children/No Surviving Spouse |
9.3.5 |
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