The 2016 election season is in the books. As I watched the returns, I noticed that Senator Johnny Isakson was reelected in Georgia. This is important for the Longshore and Defense Base Act community because Senator Isakson has been one of the leading voices proposing amendments to the Longshore and Harbor Workers’ Compensation Act. Nearly any amendment made to the Longshore Act will necessarily affect the Defense Base Act. Take a look at Senate Bill S. 669, which Senator Isakson introduced to the Senate on March 29, 2011. Some of the changes are good. For example, funeral benefits presently pay out at $3,000. That amount has not been increased since 1984. An increase to $7,500 (if not more) is warranted. Other proposed amendments are game-changers. The four that should stick out to claimants include: Incorporating a proportional payment system whereby disability payments can be reduced by prior disability ratings orRead more

Richard V. Robilotti announced his retirement. Make no mistake, this is the retirement of a legend in the Longshore and Defense Base Act community. Mr. Robilotti is the district director for the Second Compensation District of the Division of Longshore and Harbor Workers’ Compensation (“DLHWC”) in New York. For forty years, Mr. Robilotti has been in charge of Longshore claims arising in New York, New Jersey, Puerto Rico and the Virgin Islands. Further, the New York office–for the longest time–was the go-to Defense Base Act office. Every claim that arose in Iraq and Afghanistan went to Mr. Robilotti’s desk, including claims made by local and third country nationals. My contact with Mr. Robilotti began when I first started practicing law. I graduated law school just as the Defense Base Act was heating up. At that time, the Second Compensation District was the only DLHWC office that I dealt with. Mr.Read more

The Office of Workers’ Compensation Programs has published a new proposed rule pertaining to an injured worker’s compensation rate. The rule addresses the Longshore and Harbor Workers’ Compensation Act’s maximum and minimum compensation rate, and how to apply a particular rate to a particular injury. The proposed rule applies to the Longshore Act’s extensions, like the Defense Base Act. Letter from the DLHWC: The Director of the Division of Longshore and Harbor Workers’ Compensation, Antonio Rios, issued an explanatory letter on August 26, 2016. The letter stated, in pertinent part: The National Average Weekly Wage has historically risen from year to year, and this determination affects the maximum and minimum compensation rates under Section 6. Questions regarding which fiscal year’s maximum wage applied in various situations led to litigation. These questions have now largely been resolved through decisions of the courts of appeals and the Supreme Court. To provide clarityRead more

Today’s public service announcement concerns the unilateral suspension of an injured worker’s compensation benefits on the grounds of “forfeiture.” Injured workers are sometimes told by their insurance adjuster that the worker “forfeited” the right to compensation by failing to report earnings. Typically, this occurs after the adjuster sent the worker a form called the LS-200, Report of Earnings. Then, without seeking a district director’s determination, the adjuster suspends benefits. This is wrong. There is a procedure for the “forfeiture” of benefits. When the carrier has not followed the procedure, they have violated the law. The carrier is then subject to penalties and interest. Statutory Basis for Forfeiture: Forfeiture is a real thing. The statutory basis for forfeiture can be found in Section 8(j) of the Longshore and Harbor Workers’ Compensation Act. Section 8(j) states: (j)(1) The employer may inform a disabled employee of his obligation to report to the employerRead more