The Admiralty Law Blog

Archive for the ‘Longshore & Harbor Workers’ Comp. Act’ Category

According to a recent decision from the Benefits Review Board in R.C. v. Caleb Brett., L.L.C, BRBS No. 08-0741 (April 16, 2009), massage therapy was deemed compensable under Section 7 of the Longshore & Harbor Workers’ Compensation Act. Section 7(a) of the Act provides that an employer is liable for medical care and treatment related to the work injury. 33 U.S.C. §907(a). Meanwhile, 20 C.F.R. §702.404 states “The term physician includes . . . chiropractors. . . .. The term includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation shown by X-ray or clinical findings.”

In Caleb Brett, a chiropractor was the “treating doctor” under Section 702.404 who treated the claimant for subluxation of the spine. As the treating doctor, employer was liable to pay for the treatment provided or prescribed by the chiropractor. The chiropractor prescribed massage therapy and referred claimant to a massage therapist for that treatment. At trial, the chiropractor testified that massage therapy was vital to the recovery of the claimant’s subluxation. The Benefits Review Board reversed the trial judge and ruled that the applicable regulations dictated that the massage therapy was compensable treatment under Section 7, as well as reasonable and necessary for the treatment of a subluxation of claimant’s spine.

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The Longshore and Harbor Workers’ Compensation Act (referred to as the Longshore Act or LHWCA) provides compensation and medical benefits to injured maritime workers who are not covered by the Jones Act (ie. seamen) or state workers’ compensation.

Congress enacted the Longshore Act in 1927 in an effort to protect workers engaged in maritime activity.  However, the LHWCA covered only those workers injured or killed on navigable waters, while workers injured on land were limited to state workers’ compensation remedies.  Given advances in technology which effectively moved the loading and unloading apparatus further “up the bank”, Congress amended the Longshore Act in 1972 and 1984 in order to expand coverage of the LHWCA.  Congress enlarged the definition of the employees covered to include not only longshoremen, but any harborworker, including ship builders and repairmen.  The amendments also extended the definition of “navigable waters” to include “any adjoining pier, wharf, dry dock, terminal, building way, marine railway or other adjoining area customarily used by an employer in loading, unloading, repairing or building a vessel.”  With this addition, Congress intended to create a uniform compensation plan for those longshore and maritime workers who would otherwise have been entitled to varying amounts of coverage under land-based, state compensation laws.

However, whether a worker is covered under the LHWCA can be a difficult question when he or she is injured in an “adjoining” area.  Some shoreside activities are located quite a distance away from the vessel, docks, or piers yet an injured worker still may be covered by the Longshore Act.  Some workers have been covered by the Longshore Act even though they were injured 1 mile from the river, dock or harbor.  In other instances, a worker may be covered by both the Longshore Act and the state workers’ compensation act, depending on the location of the injury and work being performed.  Because there are many important differences between state workers’ compensation acts and the Longshore Act which can affect the benefits you receive, it is important to know your rights.  Our maritime attorneys are experienced in prosecuting claims under the Longshore Act, and can help you differentiate between the varying laws and compensation schemes available to you to assure you receive fair compensation for your injuries.  Contact an experienced maritime attorney at our law firm today to discuss your rights.

Who Is Covered?
Whether you are covered by the Longshore Act does not depend on your job classification or job title.  You may be covered by the Longshore Act if you are a:

• Dock worker
• Longshoremen
• Maintenance worker
• Crane operator
• Laborer
• Mechanic
• Ship builders and repairmen, including welders
• Employee loading and unloading cargo
• Oil-production fixed-platform workers

Benefits
So what kind of benefits are provided for those who are injured and covered by the LHWCA?  There are several benefits and remedies available to compensate an injured maritime worker, depending on the type and severity of the injury.  These benefits can include:

• Weekly compensation at a rate of 2/3 of your average weekly wage while you are totally disabled
• Partial Disability benefits if you do no fully recover from your injury
• Medical treatment for injuries and diseases sustained from maritime employment
• Rehabilitation Services
• Specific Loss benefits including money for Hearing Loss
• Funeral expenses up to $3,000 and death benefits for dependent family members, if the maritime worker is killed in a work accident

Can I Qualify for Money Damages?
Injured workers may be entitled to money damages – apart from medical treatment and weekly disability benefits discussed above – if the worker is injured because of the negligence of another company, person or vessel.  Section 905(B) of the LHWCA was added by Congress in 1984 to allow maritime workers the right to file a lawsuit (aside from workers compensation) and recover damages from injuries received as a result of “vessel negligence”.  These types of claims arise when a worker covered by the LHWCA is injured while aboard a vessel because of some defect with that vessel.  Damages available to such workers include pain and suffering, past and future lost wages, and the cost of future medical treatment, among others.  It is therefore important to know your rights.  Our maritime attorneys are experienced in prosecuting these types of lawsuits and can tell you whether you have a viable third-party lawsuit against a vessel or entity.

Time is of the Essence

If you think you have a claim under the LHWCA, there are time limits on how soon after an accident you must notify your employer of your injury and file a claim.  First, you must notify your employer of the injury within 30 days, and then you only have 1 year to file a formal Claim for Compensation with the U.S. Department of Labor.  If you intend on pursuing a claim or potential settlement, do not delay in contacting an experienced maritime attorney at The Moschetta Law Firm, P.C beforehand to assure you receive proper and adequate benefits or read more about our Longshore & Harbor Workers’ Compensation Act practice.

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The U.S. Depart of Labor, Office of Workers Compensation Programs (OWCP) has several divisions, one of which is the Division of Longshore & Harbor Workers’ Compensation Programs (DLHWCP). Each division has a District Director, formerly known as deputy commissioners, and Claims Examiners who supervise the administration of Longshore claims. District Directors and Claims Examiners preside over Informal Conferences when the parties are at an impasse on an issue or issues. Following an Informal Conference, the District Director’s office issues a recommendations to the parties in an effort to reach informal resolution of the disputes. Disputes arise frequently as to the compensability of medical treatment, whether a longshore worker is entitled to ongoing disability benefits or even whether the case is covered by the Longshore & Harbor Workers’ Compensation Act.  33 U.S.C. §§901, et seq.

The goal of the OWCP and the respective divisions is to minimize the impact of employment injuries and deaths on employees and their families by ensuring that workers’ compensation benefits provided under the Longshore and Harbor Workers’ Compensation Act and it extensions (including the Defense Base Act) are paid promptly and properly, and providing information, technical and compliance assistance, support, and informal dispute resolution services to workers, employers, and insurers.

The Division of Longshore & Harbor Workers’ Compensation Programs District Office contact information is:

Region 1 – Boston
Jurisdiction: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
District Director: David B. Groeneveld
Regional Director: Robert Sullivan
Contact Information:
Longshore District Office #1, Boston
U.S. Department of Labor
ESA/OWCP/DLHWC
JFK Federal Building, Room E-260
Boston, MA 02203
(617) 624-6750 phone
(617 624-6603 fax
*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *
Region 2 – New York
Jurisdiction: New Jersey, New York, Puerto Rico , Virgin Islands
District Director: Richard V. Robilotti
Regional Director: Robert Sullivan
Contact Information:
Longshore District Office #2, New York
U.S. Department of Labor
ESA/OWCP/DLHWC
201 Varick Street, Room 740
Post Office Box 249
New York, NY 10014-0249
(646) 264-3010 phone
(646) 264-3002 fax
*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *
Region 3 – Philadelphia
Baltimore Longshore District Office
Jurisdiction: Delaware, District of Columbia, Maryland, Pennsylvania, West Virginia
District Director: Emma Riley
Regional Director: R. David Lotz
Contact Information:
Longshore District Office 4 Baltimore
U.S. Department of Labor
ESA/OWCP/DLHWC
31 Hopkins Place
Room 410-B Federal Building
Baltimore, MD 21201
(410) 962-3677 phone
(410) 962-2796 fax

Norfolk Longshore District Office
Jurisdiction: Virginia
District Director: Theresa Magyar
Contact Information:
Longshore District Office 5, Norfolk
U.S. Department of Labor
ESA/OWCP/DLHWC
Federal Building, Room 212
200 Granby Mall
Norfolk, VA 23510
(757) 441-3071 phone
*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *
Region 4 – Atlanta
Jurisdiction: Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee
District Director: Charles Lee
Regional Director: Richard Brettell
Contact Information:
Longshore District Office 6, Jacksonville
U.S. Department of Labor
ESA/OWCP/DLHWC
Charles E. Bennett Federal Building
400 West Bay Street, Room 63A, Box 28
Jacksonville, FL 32202
(904) 357-4788 phone
(904) 357-4787 phone
*  *  *  *  *  *  *  *  *  *  *  *  *  * *  *  *  *
Region 6 – Dallas
Houston Longshore District Office
Jurisdiction: Texas, Oklahoma, New Mexico, Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, Wisconsin, Missouri, Nebraska, Kansas
District Director: Brad Soshea
Regional Director: E. Martin Walker
Contact Information:
Longshore District Office 8, Houston
U.S. Department of Labor
ESA/OWCP/DLHWC
Mickey Leland Federal Building
1919 Smith Street, Suite 870
Houston, TX 77002
(713) 209-3235 phone
(713) 209-3257 fax

New Orleans Longshore District Office
Jurisdiction: Louisiana, Arkansas, Mississippi
District Director: David A. Duhon
Contact Information:
Longshore District Office 7, New Orleans
U.S. Department of Labor
ESA/OWCP/DLHWC
600 S. Maestri Place, Suite 617
New Orleans, LA 70130
U.S. Mail to:
P.O. Box 30728
New Orleans, LA 70190-0728.
(504) 589-2671 phone
(504) 589-3969 fax
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Region 9 – San Francisco
San Francisco Longshore District Office
Jurisdiction: California (Northern Counties), Arizona, Nevada
District Director: R. Todd Bruininks
Regional Director: Sharon Tyler
Contact Information:
Longshore District Office 13, San Francisco
U.S. Department of Labor
ESA/OWCP/DLHWC
90 7th Street, Suite 15100
San Francisco, CA 94103-6716
(415) 625-7669 phone
(415) 625-7470 fax

Honolulu Longshore District Office
Jurisdiction: Hawaii
District Director: R. Todd Bruininks
Contact Information:
Longshore District Office 15, Honolulu
U.S. Department of Labor
ESA/OWCP/DLHWC
300 Ala Moana Blvd, Room 5-135
Post Office Box 50209
Honolulu, HI 96850
(808) 541-1983 phone

Long Beach Longshore District Office
Jurisdiction: California (Southern Counties)
District Director: Eric Richardson
Contact Information:
Longshore District Office 18, Long Beach
U.S. Department of Labor
ESA/OWCP/DLHWC
401 East Ocean Blvd, Suite 720
Long Beach, CA 90802
(562)980-3577 phone
(562)980-3587 fax
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Region 10 – Seattle
Jurisdiction: Washington, Colorado, Idaho, Montana, North Dakota, South Dakota, Utah, Wyoming
District Director: Karen Staats
Regional Director: Sharon Tyler
Contact Information:
Longshore District Office 14, Seattle
U.S. Department of Labor
ESA/OWCP/DLHWC
1111 Third Avenue, Suite 620
Seattle, WA 98101-3212
(206) 398-8255 phone
(206)398-8211 fax
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District 40 – Washington DC
Jurisdiction: Washington, DC
Director: Michael Green
Contact Information:
Longshore District Office #40, Washington
DC Department of Employment Services
64 New York Ave NE – 2nd Floor
Washington, DC 20002
(202) 671-1070 phone
(202) 671-1929 fax

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