Longshoremen's and Harbor Workers' Compensation Act Amendments of 1982

Summary

Longshoremen's and Harbor Workers' Compensation Act Amendments of 1981 - Amends the Longshoremen's and Harbor Workers' Compensation Act to revise the definition of "employee" to exclude (in addition to the currently excluded masters, or crew members, of any vessel) persons who at the time of injury were: (1) officers or employees of any government; (2) engaged in any employment which is not a direct or integral part of vessel loading, unloading, repairing, building, or breaking; or (3) providing services on or for any vessel less than 65 feet in length, while covered by a State workers' compensation program. Conforms specified conditions, under which compensation for disability or death shall be payable, to the revised definitions made by this Act. Bars compensation for injuries occasioned (formerly, "solely occasioned") by employee intoxication or intention to injure self or others. Bars compensation or benefits for injuries or occupational diseases related to material medical conditions concealed by false representations by an employee. Sets the maximum rate of compensation, with specified exceptions, at the lesser of: (1) an amount equal to 80 percent of the employee's spendable earnings; or (2) an amount equal to 200 percent of the applicable national average weekly wage. Defines "spendable earnings" as the employee's average weekly wage reduced by amounts required to be withheld under Federal and State tax laws. Directs the Secretary of Labor to publish tables in the Federal Register showing the amount of such "spendable earnings" for various wage levels. Entitles an employee to choose an attending physician from an applicable listing established by the deputy commissioner. Directs the deputy commissioner to actively supervise such medical care. Requires an attending physician who refers an employee to a medical specialist or consulting physician to notify the employer and submit a report, with reasons for such referral, to the employer and the deputy commissioner. Requires such specialist or consultants to submit reports in order to collect fees. Requires an employee seeking recovery of expenses for medical treatment or services to obtain such treatment in a specified manner and to provide written notice to the employer within ten days after the first treatment or services. Establishes procedures for providing independent medical examinations when medical questions arise. Entitles employees to specified relief in cases where the workplace injury is the sole cause of an impairment or disability. Provides for reexaminations upon request of employer or employee. Repeals specified provisions which made certain physicians ineligible for employment as independent medical examiners unless otherwise agreed to. Requires that 80 percent of spendable earnings be paid to an employee during the continuance of permanent total disability, subject to specified limitations. Requires, for a determination of total disability, that an employee prove by substantial evidence that as a result of the injury, in cases other than ones of loss of two or more specified body parts, he or she is permanently unable to earn any wages in employment. Requires that 80 percent of spendable earnings be paid to an employee during the continuance of permanent total disability, subject to specified limitations. Requires, for a determination of total disability, that an employee prove by substantial evidence that as a result of the injury, in cases other than ones of loss of two or more specified body parts, he or she is permanently unable to earn any wages in employment. Requires that 80 percent of spendable earnings be paid to an employee during the continuance of temporary total disability, subject to specified limitations. Prohibits such compensation from being paid after the employee attains the retirement age for the appropriate industry and geographical region. Sets the compensation rate for permanent partial disability at 80 percent of the spendable earnings of the employee, subject to specified limitations. Sets terms and conditions for compensation for loss of hearing. Sets the number of weeks of compensation for injuries to the spine, in the absence of a herniated or ruptured disc. Extends specified limitations to the "other cases" category of permanent partial disability compensation and terminates such compensation after the employee attains the appropriate retirement age. Deletes a provision subjecting such compensation to reconsideration of the degree of impairment by the deputy commissioner. Bars employees suffering injuries in specified categories from seeking additional compensation in this "other cases" category. Allows employers to reduce permanent partial disability compensation when an employee's actual wages (or wage earning capacity) have increased or to suspend such compensation when such wages equal or exceed average weekly wages before the injury. Requires the approval of the deputy commissioner for such reductions or suspensions, with such approval to be reviewable by an administrative law judge. Allows employees whose actual wages (or wage earning capacity) decrease, solely as a result of the injury, to less than their average weekly wage before the injury to request reviews of their compensation payments. Eliminates a provision for death benefits for the survivors of an employee who had been receiving "other cases" category permanent partial disability compensation and who dies from causes other than the original injury. Retains the current compensation rate for temporary partial disability, but subjects such rate to specified limitations. Provides for the designation by the Secretary of an attorney to serve as a special fund representative, with specified powers, upon recommendation by an employer and insurance carrier. Revises provisions relating to: (1) compensation for employees undergoing vocational rehabilitation; (2) the wage earning capacity of injured employees in partial disability cases; and (3) approval of settlements by the deputy commissioner and the manner of payment of such settlements. Provides that entitlement to compensation for disease alleged to be derived in any part from the claimant's occupation be determined by application of the substantive workers' compensation law of the State in which the last exposure to the disease-producing or aggravating stimulus occurred. Eliminates a provision for death benefits if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury. Revises methods of determination of the average weekly wages of injured employees at the time of injury. Revises the formula for determining yearly increases in specified compensation for permanent total disability or death. Makes revisions relating to: (1) failure to give notice; (2) the period of installment payments; (3) the right to compensation controverted; (4) penalties for overdue compensation; and (5) notice of payment. Repeals provisions concerning the deputy commissioner's authority: (1) in cases of suspended payments; and (2) to discharge the employer's liability for compensation. Limits the total money allowance payable to an employee or dependent survivors. Provides for preliminary rulings by the deputy commissioner with respect to claims to become final orders if the parties do not request a hearing. Makes other revisions in claims procedures. Repeals provisions relating to the review of compensation orders and the Benefits Review Board. Establishes a new Benefits Review Board to be appointed by the President, with the advice and consent of the Senate (the former Board was appointed by the Secretary). Transfers to such Board all officers, assets, liabilities, contracts, property, and records of the Benefits Review Board in the Department of Labor. Revises the procedures, functions, powers, and duties of such Board. Revises provisions relating to: (1) powers of the deputy commissioner or an administrative law judge in proceedings under such Act; (2) fees for services; (3) institution of proceedings by a person entitled to compensation; and (4) compromises obtained by a person entitled to compensation. Raises the criminal penalty for misrepresentation in the submission of a claim from a misdemeanor to a felony punishable by up to five years imprisonment, a $50,000 fine, or both. Prohibits the Secretary from: (1) furnishing specified information and assistance in processing claims to persons covered under such Act (formerly permitted such information and assistance upon request); and (2) participating, except as an intervenor, in proceedings relating to this Act which are before any court. Repeals provisions authorizing the Secretary of Labor to establish and enforce safety rules and regulations for employers covered by such Act. Repeals provisions relating to an administration fund and to the availability of appropriations. Provides that the discharge or refusal to employ any employee who has filed a fraudulent claim for compensation shall not be a violation of antidiscrimination provisions of such Act. Provides that nothing contained in the amendments made by this Act shall be construed to reduce the amount of any benefits being received under the Longshoremen's and Harbor Workers' Compensation Act by any individual on the date of enactment of this Act.

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Documents

3 official files

• Passed Senate amended

  summary · EN · 27 July 1982

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 19 July 1982

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• Introduced in Senate

  summary · EN · 14 May 1981

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