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Catalog of Federal Domestic Assistance

Program Descriptions

17.302:  Longshore and Harbor Workers' Compensation

Objectives:  To provide compensation for disability or death resulting from injury, including occupational disease, to eligible private employees.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

17.302 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of nonappropriated fund instrumentalities, employees of private employers engaged in work outside the United States under contracts with the United States Government, and others as specified, including survivors of the above. Employees of private concerns in DC and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Puerto Rico is not covered by the Longshore and Harbor Workers' Compensation Act.

Beneficiary Eligibility:  Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of nonappropriated fund instrumentalities, employees of private employers engaged in work outside of the United States under contracts with the United States Government, and other as specified, including survivors of the above. Employees of private concerns in DC and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Puerto Rico is not covered by the Longshore and Harbor Workers' Compensation Act.

Credentials/Documentation:  Necessary documentation is developed when claim is contested by employer or insurance carrier. The claimant may be required to submit to physical examination.

17.302 APPLICATION AND AWARD PROCESS:

Preapplication Coordination:  None. This program is excluded from coverage under E.O. 12372.

Application Procedure:  Employee or his or her survivor files written claim for compensation (Form LS-203 or LS-262) to the local district office of the Office of Workers' Compensation Programs (OWCP).

Award Procedure:  Authority to adjudicate claims informally under this program rests with the District Director in (OWCP) district offices. Claims unresolved on voluntary basis are referred for formal hearing under the Administrative Procedure Act.

Deadlines:  Claim must be filed within 1 year after (a) the injury or death (2 years if injury is an occupational disease which does not immediately result in death or disability), or (b) the last compensation payment. Time begins to run when prudent person should have been aware of relationship between injury or death and employment. For hearing loss claims, time does not begin to run until an audiogram together with a report showing a hearing loss, is given claimant.

Range of Approval/Disapproval Time:  Insurance carrier or self-insured employer must pay compensation after 14 days of having knowledge of an injury causing disability or death, or controvert claim.

Appeals:  Application for modification of awards must be filed within 1 year after (a) the last compensation payment, or (b) rejection of a claim by an Administrative Law Judge or District Director Office of Workers' Compensation Programs. Appeal from Administrative Law Judge's decision must be filed within 30 days; Appeals from Benefits Review Board decision must be filed within 60 days.

Renewals:  Not applicable.

Criteria for Selecting Proposals:  Not applicable.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  Disability - 66-2/3 percent of average weekly wage; death benefits 50 percent average wages of deceased to such widow or widower, plus 16-2/3 percent for each surviving child with 66-2/3 percent limit. Average benefit unknown. Benefits limited to 200 percent of national average weekly wage.

17.302 RELATED PROGRAMS:

• 57.001 Social Insurance for Railroad Workers.

17.302 PROGRAM ACCOMPLISHMENTS:

17.302 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  OFFICE OF WORKERS' COMPENSATION PROGRAMS, EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR

Type of Assistance:  Direct Payments with Unrestricted Use.

Obligations:  (Direct Compensation) FY 99 $3,186,000; FY 00 est $4,000,000; and FY 01 est $3,000,000.

Budget Account Number:  16-1521-0-1-601.

Authorization:  Longshore and Harbor Workers' Compensation Act as extended, Public Laws 92-576, and 98-426, 5 U.S.C. 8171; 33 U.S.C. 901-952; 42 U.S.C. 1651; 42 U.S.C. 1701; 43 U.S.C. 1331.

Regulations, Guidelines, and Literature:  Longshore and Harbor Workers' Compensation Act, as extended. Copies may be obtained from the Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, Washington, DC 20210.

17.302 INFO CONTACTS:

Regional or Local Office:  Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs. See Appendix IV of the Catalog for addresses and areas of jurisdiction listed under Employment Standards Administration.

Headquarters Office:  Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, Washington, DC 20210. Phone: (202) 693-0038. Contact: Michael Niss.

(See Appendix IV for more contact info.)

17.302 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Not applicable.

Length and Time Phasing of Assistance:  Injury: The period of total or partial disability with no monetary limit. Death: Spouse -until death or remarriage; children - until age 18 or to age 23 if qualified as a student as defined in the Act. Employers or their insurance carriers are required to begin compensation within 14 days of (a) knowledge of the injury or death or (b) injured employee's report of loss of wages. Payments are generally disbursed on a bi-weekly basis.

Uses and Use Restrictions:  This program provides income replacement and supplement; schedule awards for the loss of sight or hearing, dismemberment, disfigurement etc., medical expenses (including hospital care); and funeral expenses up to $3,000. Benefits are paid by private insurance carriers or self-insured employers. Appropriated Federal funds are available in certain cases of permanent total disability, and death.

17.302 POST ASSISTANCE REQUIREMENTS:

Reports:  Not applicable.

Audits:  Not applicable.

Records:  Not applicable.