Longshoremen's and Harbor Worker's Compensation Act Amendments of 1979

Summary

Longshoremen's and Harbor Worker's Compensation Act Amendments of 1979 - Amends the Longshoremen's and Harbor Worker's Compensation Act to: (1) extend coverage to ship cleaners, lashers, and ship carpenters; and (2) define "longshoring operation", "ship repairman", "ship builder", and "point of rest" for purposes of such Act. Extends the current maximum rates of compensation for disability to compensation for death. Entitles an injured employee to choose an attending physician from a panel designated by the employer and authorized by the deputy commission. Requires an attending physician who refers an employee to a medical specialist or physician to notify the employer with respect to such referral. Requires an employee seeking recovery of expenses for medical treatment to request the employer to furnish such treatment within 21 days of the first treatment. Establishes procedures for providing independent medical examinations when medical questions arise, including guidelines for the determination of the degree of physical impairment. Provides that, except for certain specified injuries, permanent and total disability shall be determined only if as a result of the injury, the employee is unable to earn any wages in the same or other employment. Specifies that compensation for permanent, partial disability as listed in the Act shall not be subject to such restriction but shall be exclusive for those disabilities listed. Allows the employer to suspend or reduce the payment of compensation for permanent, partial disability under specified circumstances. Eliminates death benefits for the survivors of an employee who had been receiving permanent, partial disability compensation and who dies from causes other than the original injury. Establishes procedures for: (1) approval, disapproval, and appeal from disapproval of settlement applications; and (2) payment and computation of lump sum payment to discharge the settlement. Limits increases in disability compensation tied to wage increases to a maximum of three percent per year. Provides that failure to give notice of injury or death shall not act as a bar to a claim if the employer or insurance carrier has actual knowledge that the injury or death was employment related. Revises provisions with respect to payment of compensation awards, including the imposition of a maximum allowance for an injury of $100,000, except in cases of permanent, total disability or death. Repeals the statutory presumptions related to claims under the Act. Revises various provisions with respect to administrative and court review of compensation orders.

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1 official file

• Introduced in Senate

  summary · EN · 13 July 1979

  Open at official source

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