U.S. Department of Labor Employment Standards Administration 

 Office of Workers’ Compensation Programs

 Division of Longshore and 

 Harbor Workers’ Compensation 

 Washington, D.C. 20210

 

Working for America’s Workforce 

August 5, 2003

Notice No. 113 

NOTICE TO INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS 

UNDER THE LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT, 

AND OTHER INTERESTED PERSONS 

SUBJECT: Changes to Vocational Rehabilitation Services 

provided under the Longshore and Harbor Workers’ 

Compensation Act 

In the past, vocational rehabilitation services provided by 

the OWCP under § 39 of the Longshore and Harbor Workers’ 

Compensation Act terminated upon settlement of the claim. 

This policy was based on the statutory provision in § 

39(c)(1) of the Act that “[t]he Secretary shall also 

provide employees receiving compensation information on 

medical, manpower, and vocational rehabilitation services”. 

This language had been interpreted as limiting such 

services to injured employees in compensation status. This 

policy often left permanently disabled workers without the 

skills or the rehabilitative services needed to return to 

gainful employment. 

This policy is now changed so that permanently disabled 

workers who are not currently in pay status, or who have 

settled their compensation claims, may be eligible for 

vocational rehabilitation services under the Act. Section 

39(c)(2) of the Act provides that “[t]he Secretary shall 

direct the vocational rehabilitation of permanently 

disabled employees and shall arrange with the appropriate 

public or private agencies ... for such rehabilitation.” 

(Emphasis added). Therefore, settling the claim and 

leaving benefit status should not necessarily end a 

permanently disabled worker’s eligibility for vocational 

rehabilitation services, as long as he or she remains 

permanently disabled from the work injury and requires 

these services to restore employability. 
U.S. Department of Labor Employment Standards Administration 

 Office of Workers’ Compensation Programs

 Division of Longshore and 

 Harbor Workers’ Compensation 

 Washington, D.C. 20210

 

Working for America’s Workforce 

Effective immediately, permanently disabled workers who 

settle their Longshore claims may continue to receive 

rehabilitation services after settlement. If there is an 

approved rehabilitation plan already in effect, services 

covered under the plan may continue until completion or 

until case closure by the OWCP Rehabilitation Specialist. 

At the discretion of the district director, new 

rehabilitation services may be initiated after settlement 

of the claim, if the services are reasonable and necessary 

to assist a permanently disabled worker to return to the 

workforce in a suitable job. 

Questions concerning this change in vocational 

rehabilitation policy should be directed to Miranda Chiu, 

Branch Chief, Operational Policies, Regulations, and 

Procedures, Division of Longshore and Harbor Workers’ 

Compensation, at 

Employment Standards Administration 

OWCP/ Division of Longshore and 

Harbor Workers’ Compensation 

200 Constitution Ave, NW, Rm C-4315 

Washington, DC 20210 

(202) 693-0038 

MICHAEL NISS 

Director, Division of 

Longshore and Harbor 

Workers’ Compensation