Longshore and Maritime Injury Claims in Long Beach, CA Federal Forms, Deadlines and Review

This page is about procedure. Long Beach terminal work, ship repair, marine construction and cargo handling can fall under the federal Longshore and Harbor Workers' Compensation Act, and the mechanics of filing are what most often determine whether benefits arrive on time.

Compensation is payable without regard to fault

Under 33 U.S.C. 904, an employer is liable for and must secure the payment to employees of the compensation payable under the Act, and compensation is payable irrespective of fault as a cause for the injury (33 U.S.C. 904, Cornell LII). Fault arguments therefore belong to any separate claim against a third party, not to the compensation claim itself.

The forms that open a case

The Department of Labor identifies the forms used to create a new longshore case: LS-201 for notice of an employee's injury or death, LS-202 for the employer's first report of injury or occupational illness, LS-203 for the employee's claim for compensation, and LS-262 for a claim for death benefits. Documents for existing cases are uploaded through the department's SEA Portal, and mailed submissions go to OWCP/DLHWC, 400 West Bay Street, Room 63A, Box 28, Jacksonville, FL 32202 (DOL longshore contacts and forms). The same page states that in April 2020 the longshore program consolidated its offices into Eastern, Western and Southern compensation districts, and that reaching an assigned claims examiner requires either the case number or the injured worker's date of birth and social security number.

One year, with an awareness trigger

Under 33 U.S.C. 913(a), the right to compensation for disability or death is barred unless a claim is filed within one year after the injury or death, with filing permitted within one year after the date of the last payment where compensation was paid without an award, and with the claim filed with the deputy commissioner in the compensation district where the injury or death occurred. The period does not begin until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment (33 U.S.C. 913, Cornell LII).

Occupational disease and untimely filing

Section 913(b) provides that failure to file within the one-year period is not a bar unless objection is made at the first hearing of the claim in which all parties in interest are given reasonable notice and an opportunity to be heard, and that for an occupational disease that does not immediately result in death or disability, a claim is timely if filed within two years after the claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have become aware, of the relationship between the employment, the disease and the death or disability, or within one year of the last payment of compensation, whichever is later (33 U.S.C. 913, Cornell LII). Section 913(c) suspends the limitation while an entitled person is a minor or mentally incompetent without a guardian or authorized representative.

When a claim may be filed

Under 33 U.S.C. 919(a), a claim may be filed with the deputy commissioner at any time after the first seven days of disability following an injury, or at any time after death, in accordance with the applicable regulations, and the deputy commissioner has full power and authority to hear and determine all questions in respect of the claim (33 U.S.C. 919, Cornell LII).

The informal conference stage

Federal regulations put dispute resolution first. Under 20 C.F.R. 702.311, the district director is empowered to resolve disputes in a manner designed to protect the rights of the parties and to resolve them at the earliest practicable date, generally through informal telephone discussions or conferences at the district director's office, with some cases handled by written correspondence, and with a requirement that a full written record of matters discussed be placed in the administrative file (20 C.F.R. 702.311, Cornell LII). Under 20 C.F.R. 702.312, informal conferences are called by the district director or a designee and held before that same person unless absent or unavailable (20 C.F.R. 702.312, Cornell LII).

When agreement is not reached

Under 20 C.F.R. 702.316, when it becomes apparent during an informal conference that agreement on all issues cannot be reached, the district director brings the conference to a close, evaluates all available evidence and prepares a memorandum of conference setting out the outstanding issues, the material facts or allegations, and recommendations with the rationale for resolving them. Copies go to each party or representative, who then have 14 days to state in writing whether they agree or disagree with the recommendations (20 C.F.R. 702.316, Cornell LII). Disagreement moves the case toward a formal hearing before an administrative law judge.

Review after an order issues

Under 33 U.S.C. 921, a compensation order becomes effective when filed in the office of the deputy commissioner and becomes final at the expiration of the thirtieth day thereafter unless proceedings to suspend or set it aside are instituted. The Benefits Review Board is authorized to hear appeals raising a substantial question of law or fact, its orders are based on the hearing record, and findings of fact under review are conclusive if supported by substantial evidence in the record considered as a whole. A party aggrieved by a Board panel decision may petition the entire permanent Board within thirty days after entry of the decision, and a person adversely affected by a final Board order must file a review petition in the appropriate United States court of appeals within sixty days following issuance of that order (33 U.S.C. 921, Cornell LII). Those windows are short, and missing one is a common way a viable claim is lost.

Nothing on this page is legal advice, and this site is not a law firm and does not evaluate claims. Anyone with a specific longshore or harbor injury question should raise it with the attorney who advertises here.