Workers' Compensation Newsletter

 

Benefits under the Longshore and Harbor Workers' Compensation Act

Under the Longshore and Harbor Workers' Compensation Act, an employee who has sustained a work-related injury may recover medical benefits for all medical, surgical and hospital treatment and other services required by the injury. In addition, the employee may recover the cost of travel and mileage in connection with such treatment. Generally, the employee may obtain medical treatment from the physician of his or her choice. However, the employee may not choose a physician who is not authorized by the Department of Labor to render medical care under the Act. More...

 

Employer Misconduct

Exclusivity Rule More...

 

Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act is a federal law that provides medical, disability, and death benefits for longshoremen, harbor workers, and other marine employees who are injured or killed in the course of their employment. The Act is administered by the Office of Workers' Compensation Programs of the Employment Standards Administration of the United States Department of Labor. More...

 

Evidence in Workers' Compensation Administrative Proceedings

Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process. More...

 

Procedure under the Black Lung Benefits Act

To recover benefits under the Black Lung Benefits Act, a miner, his surviving spouse, or his surviving dependents must file a claim with the appropriate government office, usually a Social Security or Labor Department office. From the date that the miner has been made aware of the medical determination that he is totally disabled from pneumoconiosis, he has three years in which to file a claim for benefits. This time limit is subject to exception only for extraordinary circumstances. The miner's surviving spouse and dependents have no time limitations for filing their claims. More...