U.S. Department of Labor Employment Standards Administration
Office of Workers’ Compensation Programs
Division of Longshore and
Harbor Workers’ Compensation
Washington, D.C. 20210

September 20, 2007 File Number:

Notice No. 122

NOTICE TO INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS UNDER
THE DEFENSE BASE ACT, AND OTHER INTERESTED PERSONS

SUBJECT: Transfer of Defense Base Act Cases from the
New York Longshore District Office to Other Longshore
District Offices

Effective October 1, 2007, with exceptions explained below,
existing open cases for claims under the Defense Base Act, 42
U.S.C. 1651 et seq., will be transferred from the New York
District Office for Longshore (Compensation District No. 2), to
the Compensation District where the claimant resides. Authority
for this action is provided by 33 USC § 919(g) and 20 CFR

§ 702.104. This action is necessary in order to efficiently
administer the Act. The list of District Offices and their
respective jurisdictions are established in 20 CFR 704.101 and
may be viewed online at

http: //www.dol.gov/esa/owcp/dlhwe/1scontac.htm. Notwithstanding
the provisions of 20 CFR §§ 704.101(d) and (e), the OWCP has
determined that cases involving injuries and deaths in
Afghanistan will be initially reported to and created in the New
York District Office.

The cases will be transferred in installments of about 100 files
every two weeks per District Office, starting with the oldest
eases first (lowest OWCP Case Numbers), until all affected files
have been transferred. Cases that require immediate action by
OWCP staff, including but not limited to requests for informal
conference, vocational rehabilitation services, independent
medical examination, referral for formal hearing, and Special
Fund relief under sec 8(f) of the Act, will be transferred
immediately on request to the Compensation District of the
claimant's residence. Cases that are currently closed and are
subsequently reopened due to receipt of additional information
will be transferred based on the OWCP Case Number sequence.

All parties to the case will be notified of the transfer in
writing. Any party objecting to the transfer must do so in
writing, stating the reasons why the case should not be
transferred. Transfer will only be stayed for good cause. The

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objection must be mailed to the District Director of the
receiving District Office. No email or phone request will be
accepted. An appeal of the District Director’s denial of a
request for transfer may be made in writing to the Director,
Division of Longshore and Harbor Workers’ Compensation, 200
Constitution Avenue NW, Washington, DC 20210.

The following exceptions apply to the case transfer from New
York:

e Cases in which no disability compensation is payable
because no lost time is reported (No Lost Time cases) will
be maintained in the New York District Office and will not
be transferred to the Compensation District of the
claimant's residence unless subsequent action is required.

e Cases in which an informal conference has been scheduled
will be transferred after the informal conference is held
and the New York District Office written recommendation is
issued.

® Cases in which an informal conference has been held and
written recommendation is forthcoming will be maintained
in the New York District Office and that office will issue
the recommendation. Thereafter, the case will be
transferred from New York to the Compensation District of
the claimant's residence.

e Cases with a pending Application for Approval of Agreed
Settlement under § 8(i) of the Act will remain in the New
York District Office until conclusion of the claim. If the
application is denied by the District Director, the case
will be transferred to the Compensation District of the
claimant's residence in accordance with the above
schedule.

The New York District Office retains jurisdiction of all cases
created in that office in which the claimants reside within its

Compensation District or outside of the 50 States of the United
States.

New reports of injuries or deaths that occur in the following
geographic locations should continue to be filed in the New York
Compensation District Office: Mexico, Central and South America
(including coastal islands); areas east of the continents of
North and South America to the 60th degree east longitude,
including Iraq, Afghanistan and Iran; and any other areas or
locations not covered under any other district office. Once a
new case number is assigned by the New York District Office and
the parties are so notified, the case will be transferred to the



District Office within whose jurisdiction the claimant (the
injured employee or the survivors in the event of death)
resides.

All questions concerning the transfer of Defense Base Act cases
covered under this Notice should be directed to Michael Niss,
Director, Division of Longshore and Harbor Workers’
Compensation, at (202) 693-0038.

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MICHAEL NISS

Director, Division of
Longshore and Harbor
Workers’ Compensation