Longshore-info
  • Home
  • News
  • Longshore Links

Employer Must Serve Notice of Controversion or Face Additional Compensation

9/8/2024

 
An employer must serve a claimant with a notice of controversion, or the employer may be liabile for additional compensation under Section 14(e), according to the Benefits Review Board. Fowler v. M.T.C. East, 58 BRBS 1 (2024) (Boggs, J. dissenting), motion for recon pending.

The Board recently addressed an issue of first impression: “whether service on a claimant is a required part of filing an employer’s notice of controversion under Section 14(d) of the Act, 33 U.S.C. §914(d), such that failure to do so makes the employer liable for additional compensation under Section 14(e), 33 U.S.C. §914(e).” After a discussion of the undisputed facts, the parties’ respective positions, and an extensive analysis of the pertinent provisions of the Act and accompanying regulations, the Board held: “the Act is silent on whether the filing in Section 14(d) includes service;” therefore, “the regulation implemented by the Secretary of Labor [Section 702.251] permissibly fills a silent statutory gap and, pursuant to its straightforward terms, service on the claimant [by the employer or its carrier] is a required component of filing a notice under Section 14(d).” The failure to timely do so subjects an employer to liability for additional compensation under Section 14(e).

In reaching this conclusion, the Board stated inclusion of service as a part of filing is well within the Secretary’s general authority, as the administrator of the Act, to make all regulations necessary to that administration and specific authority, as exemplified in Sections 12(c), 19(a), and 19(b), to regulate how the statutory notice and filing requirements of the Act are met. In this regard, the Board noted both the regulation enacted by the Secretary, Section 702.251, [“[a] copy of the notice must also be given to the claimant.]” and the “form prescribed by the Director” as delineated in Section 14(d), the LS-207 [“a copy of the completed form must be mailed to the claimant and claimant’s representative” – that form also requires verification, via the employer’s signature, that it was, in fact, “mailed to the claimant and claimant’s representative”], mandate the employer directly serve its notice on the claimant. The Board further stated failure to provide “direct and timely notice” to the claimant of an employer’s grounds for controversion discourages “the prompt resolution of claims” and as such falls contrary to the intended purpose of Sections 14(e) and (f). 

DOL Increases Penalties

1/19/2018

0 Comments

 
Certain penalties under the Longshore Act have increased effective January 2, 2018.  The penalty under Section 14(g) of the Act, for failure of an employer to report the termination of payments, has increased to $285 from $279.  The penalty under Section 30 for failure to report an injury now has a maximum penalty of $23,426, up from $22,957.  In assessing this penalty, the District Director may consider certain aggravating or mitigating factors, and may rely upon a graduated schedule of penalty amounts.  Finally, the penalty under Section 48a, for discrimination against employees who bring compensation proceedings, ranges from a maximum of $11,712 and a minimum of $2,343.  These increases were prompted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires agencies to adjust the levels of existing civil monetary penalties annually based on inflation.  The Division of Longshore and Harbor Workers' Compensation of the Department of Labor provided notice of these increases in Industry Notice 163, which may be viewed here.
0 Comments

Penalty Inflation!  DOL Increases Penalties for Late Reporting

10/14/2016

0 Comments

 
The Department of Labor has increased the maximum amount of penalties for late reporting of an injury and of the final payment of compensation, as well as for discrimination under Section 49.  Under the new schedule, a seventh late report of injury results in a maximum penalty of up to $22,587.  A first late report of injury generally should result in a fine of $500, absent special circumstances.  The industry notice about the increased fines may be read here.
Picture
0 Comments

    Categories

    All
    8(f)
    Administration
    ALJ
    Attorneys' Fees
    Compensation
    Cumulative Trauma
    Defense Base Act
    Discovery
    Discrimination
    Enforcement
    Interlocutory Orders
    Jurisdiction
    Legislation
    Medical Examinations
    Medical Fees
    Modifications
    News
    Penalties
    Preemption
    Procedure
    Psychological Injury
    Report Of Earnings
    Retirement
    Section 13
    Section 33(g)
    Section 3(e) Credit
    Settlements
    Situs
    Status
    Tort Issues
    Vessel Status
    Vocational Evidence
    Willful Intent To Injure
    Zone Of Special Danger

     

    RSS Feed

    © 2018  Ira J. Rosenzweig
Powered by Create your own unique website with customizable templates.
  • Home
  • News
  • Longshore Links