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The Defense Base Act (DBA) (ch. 357 of the 77th United States Congress, 55 Stat. 622, enacted August 16, 1941, codified at 42 U.S.C. §§ 1651–1654) is an extension of the federal workers' compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers' Compensation Act 33 U.S.C. §§ 901–950.
In addition, Congress has extended the LHWCA to cover non-appropriated fund employees (i.e. certain MWR and AAFES employees), [1] Outer Continental Shelf workers, [2] and U.S. government contractors working in foreign countries under the Defense Base Act [3] This coverage is mandated for all employees, including owners and officers of companies ...
In most states, workers' compensation claims are handled by administrative law judges, who often act as triers of fact. [47] Workers' compensation statutes which emerged in the early 1900s were struck down as unconstitutional until 1911 when Wisconsin passed a law that was not struck down; by 1920, 42 states had passed workers' compensation ...
Workers' compensation insurance carriers, auto insurance carriers, and self-insured employers have a legal right to this request. Should the doctor/therapist performing the independent medical examination conclude that a patient's medical condition is not related to a compensable event, the insurer may deny the claim and refuse payment.
In some states, the injured worker (or their attorney) will also have the option of settling or redeeming their workers' compensation claim, accepting a lump sum in exchange for relinquishing their right to further benefits.In Florida, undocumented workers may appeal after being denied workers' compensation, because Florida law specifies that ...
For claims filed under Part B for cancers that may have been caused by occupational radiation exposure, DOL sends the claim to the National Institute for Occupational Safety and Health (NIOSH) Division of Compensation Analysis and Support [4] for a radiation dose reconstruction. NIOSH requests the energy employee's individual exposure records ...
The Employees' Compensation Appeals Board (ECAB) was created in 1946 by statute to hear appeals taken from determinations and awards under the Federal Employees' Compensation Act with respect to claims of federal employees injured in the course of their employment. The Board has final authority to determine the liability of the Federal ...
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations.