U.S. DEPARTMENT OF LABOR 

EMPLOYMENT STAND.ARDS AnMINISTRA'I'ION 

Office of Workmen's Compensation Programs Washington, D.C 20211 

December 15, 1972 

No. 5 

TO INSURJrnCE CARRIERS AND SELF-INSURE:D m:FLOYERS UNDER THE 

LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT, JIB 

EXTENDED 

SUBJECT: Selected provisions of P. L. 92-576, amendments to the 

Act regarding assistance to covered employees in 

obtaining compensation. 

The 1972 Amendments to the Act, as extended, increase the responsibility of the Secretary of Labor for administering the Act and 

providing services to covered employees. 

The Secretary is to insure that each injured employee receives 

proper medical treatment and that employees receiving compensation 

are given information and assistance in obtaining rehabilitation 

and all other services available under the Act. 

A newly added subsection requires that the Secretary, on request, 

shall provide persons covered by the Act with information and 

assistance relating to coverage and compensation, including 

legal assistance in processing a claim. 

Another amendment changes the provision relating to compromise 

agreements between injured employees and third parties against 

whom they may have an action for liability. 

These and other increased responsibilities have been delegated to 

the Office of Workmen I s Compensation Programs, which administers 

the law through deputy commissioners in fourteen district offices. 

The new provisions are described below. 

Medical treatment, rehabilitation, and assistance to claimants 

(Sections 7 and 39) 

a, Section 7 provides that an injured employee shall be entitled to receive treatment from a physician of his choice authorized by the Secretary. This Office has designated as physicians 

authorized to render medical care all duly qualified physicians, 

Include your address, ZIP code, and file numkr on all correrpondmc, 
2, 

to include suxgeons and osteopathic practitioners within the scope 

of their practice as defined by State law, The responsibility to 

insure that injured employees receive proper medical care has been 

delegated to deputy commissioners in district offices of the Office 

of Workmen's Compensation Programs. The deputy commissioners shall 

actively supervise medical care, require periodic medical reports, 

and determine the necessity, character, and sufficiency of any 

medical aid furnished or to be furnished. 

b. The amended Section 39 provides that the Secretary shall 

explain to employees drawing compensation under the Act medical, 

manpower, and vocational rehabilitation services which injured 

employees are entitled to receive and shall help them obtain the 

best such services available. This activity will be performed 

primarily by deputy commissioners of this Office. 

Legal services and fees (Section 28 and 39) 

a. Under Section 28, a deputy commissioner, the newly established :Benefits Review :Board, or a court having jurisdiction may, 

within limits, assess legal fees against an employer in cases 

where the existence or extent of liability is contested and the 

employee succeeds through the services of an attorney in establishing liability or in getting more compensation. 

b, If the employer has refused to pay compensation within 30 

days after receiving written notice of a claim for compensation 

having been filed, and the employee has hired an attorney who 

successfully prosecuted the case, the employer can be required te 

pay the attorney's fee. An employer or insurance carrier required 

to pay an attorney's fee may be further required to pay costs and 

fees for attendance of witnesses, contingent on approval by the 

deputy commissioner, the Benefits Review :Board, or the court. 

Amounts awarded against an employer or carrier, either as attorney's 

fees or as costs, fees, and mileage for witnesses, shall not be 

taken out of compensation payable under the Act. 

c. If an employer offers to pay compensation without an award 

and a controversy develops over the amount to which the employee 

may be entitled, the deputy commissioner or the Benefits Review 

Board shall set the matter for informal conference. If the 

employer then refuses to accept the written recommendation of the 

deputy commissioner or Board, he must offer to pay the amount he 

thinks due. If the employee refuses tho offer, hires an attorney, 

and obtains a larger award, then the deputy commissioner or the 

:Board may, in certain cases, award an attorney's fee based on the 

increase and payable by the employer. 

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d. The Secretary ma;y, upon request, provide persons covered 

by the Act with legal assistance in processing a claim. 

Compensation for injuries where third persons are liable (Section 33) 

Section 33 of the Act has been amended to require that if a claimant 

compromises with some liable person, other than the employer or 

persons in his employ, for an amount less than the Act entitles Jti.n 

to receive as col!IJ)ensation, the employer shall be liable to pa;y a 

sum equal to the excess of the amount determined to be pa;yable on 

account of such injury over the amount recovered against such third 

person, but only if tho claim.ant: 

a. At or before the time of compromise, obtained written 

approval of the compromise from the employer and insurance carrier 

on a form provided by tho Secretary; and 

b. Filed it, within 30 da;ys after the compromise was made, in 

the office of tho deputy commissioner having jurisdiction. 

Discrimination in violation...Qf_the Act (section 49) 

Section 49 makes it unlawful for an employer to discharge or 

discriminate against an employee because he has claimed or attempted 

to claim compensation from that employer or because of his testimony, past or prospective, in any proceeding under the Act. 

a. The Secretary, through officials administering the Act, 

shall collect a penalty of $100 to $1,000 from an employer for 

each violation of this section. If the penalty is not paid, civil 

action may be brought in a U.S. district court to recover it from 

the employer. 

b. Further, an employee so discriminated against shall be 

restored to enployment and compensated by his employer for wage loss 

arising out of each discrimination. However, an employee who is no longer 

longer qualified to perform the duties of his job shall not be entitled 

~:;o~;i~r c~e ion. 

HERBERT A. DOYLE, ~Lt,' 

Acting Director, Office of 

Workmen's Compensation Programs 

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