Lois Law Firm obtained a Board Panel Decision on May 11, 2018 affirming the law judge’s decision to disallow a claim on the substantive merits of the claim, but the Board also (for the first time) specifically ruled that the employer’s Pre-hearing Conference Statement was sufficient on its face to assert and maintain all defenses. In addition, the Board also determined that the PH-16.2, as submitted, was sufficient to permit the production of an employer witness that was not specifically requested in the PH-16.2.
Download the full decision here:
Pabon v. Crown Energy (25 downloads)
For the first time in the show’s history, Third Fridays podcast host Christian Sison comes to you live and without any guests. The topic is #DefendFromDay1, and the show focuses on how the movement began, how it can be currently implemented, and how we can use it for the future.
Within the construct of #DFD1, Christian reviews a recent Appellate Division case involving conflicting medical testimony on the causal relationship of a requested surgery. In analyzing the Court’s decision, it becomes clear that #DFD1 strategies would have best been used to procure an IME report much sooner and with the benefit of the pre-accident records. As to the future, Christian projects an interesting possibility as to how the Board may use medical records and testimony, in light of its recent trend towards efficiency and expediency.
Continue reading #DFD1: Third Fridays Podcast
This is the PDF (Adobe Acrobat) version of “Best Practices in Dual Jurisdiction Cases: New York General Liability and Workers’ Compensation. Subtitle: A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense Counsel in Catastrophic Construction Cases.” By Gregory Lois, Esq.
Need multiple copies for your team? Contact Greg.
The Longshore and Harbors Workers’ Compensation Act (“LHWCA”) covers longshore/harbor workers and other maritime workers. The Act has also been applied to certain other workers under the Defense Base Act.
“Status” and “situs.”
The LHWCA set forth the requirements for coverage. “Status” refers to the nature of the work performed; “situs” refers to the place of performance.
The employee claiming benefits under the LHWCA must be engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, including any harbor-worker including a ship repairman, shipbuilder, and ship-breaker. There are specific exclusion which apply to status (see below). Continue reading Understanding Jurisdiction Under the Longshore Act
“Virtual Hearings” have been a real thing in New York Workers’ Compensation for almost 6 months now. What works and what doesn’t work? Does it help or hurt employers and carriers? Host Christian Sison invites attorney Declan Gourley to the podcast for a brief discussion regarding their experiences with New York State’s interesting new technology. The two attorneys debate over whether this is ultimately good or bad for all parties involved and predict what the Virtual Hearing world will look like, one year from now.
Continue reading State of Virtual Hearings: Third Fridays Podcast
What happens immediately after the alleged injury occurs?
- The employee must notify the employer immediately. If medical treatment is sought the employer must provide the claimant with Form LS-1, which authorizes treatment by a doctor of the employee’s choice. Unless otherwise noted, as of publication, all forms to be filed with the OWCP Division of Longshore and Harbor Workers’ Compensation can be found at http://www.dol.gov/owcp/dlhwc/lsforms.htm.
- The claimant will then receive medical treatment.The claimant must provide written notice of the injury within 30 days to the employer on Form LS-201. 33 U.S.C. § 912(a). Notice of death must also be given within 30 days. Additional time is provided for certain hearing loss and occupational disease claims.
- (Elective – does not happen in all cases). To obtain permanency and some other benefits under the Act, the injured worker must file either Form LS-203 or a written statement identifying the alleged injury and stating that the identified claimant is seeking benefits. This must be filed within one year after injury, or, if the employer or its insurer has made voluntary payments, within a year after the last payment. If the alleged condition is an “occupational disease” rather than a specific accident, the filing period is two years from the date it was recognized as employment-related and disabling character.
Forms & Procedure – Controverting claims
An employer contesting the right to compensation must file a Notice of Controversion of Right To Compensation with the District Director on or before the fourteenth day, after knowledge of the alleged injury or death (from the date the claimant files Form LS-207). Following the filing of a Notice of Controversy, an informal conference will be scheduled at the District Office and a Longshore claims examiner will preside over an informal conference to discuss and potentially resolve the dispute. This conference will be held approximately one to three months following the filing of the request.
The informal conference can take place over the phone or in the district office where the case is venued.
If the issues cannot be resolved informally at the informal conference, the parties will be directed to file a Pre-Hearing Statement. The Pre-Hearing Statement is form LS-18, and can be submitted electronically (through SEAPortal). The case will then be referred to the Office of Administrative Law Judges for a formal hearing. An Administrative Law Judge will issue a formal decision and order regarding the benefits claimed.
Does Longshore Coverage Apply?
We defend employers and carriers in workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act in litigation before the U.S. Department of Labor and the U.S. Office of Administrative Law Judges.
We analyze whether Longshore jurisdiction applies, defend claims, and pursue lien recovery. Contact us.