by Judy Barrett, Esq.

Over ninety years ago, on March 4, 1927, Congress enacted the Longshore & Harbor Workers' Compensation Act (LSHWCA). The objective: to fix a void in the various States' Workers' Compensation laws. Prior to the passage of LSHWCA, workers' compensation benefits only extended only to the shorelines; workers' compensation, at the time, excluded injuries not occurring on land.

Although initially extending coverage only to workers injured or killed on U.S. Navigational Waters (if not otherwise covered by state law), the LSHWCA was amended in 1972 to include injuries suffered on "any adjoining pier, wharf, dry-dock, terminal building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel."    (continued)

by J. Stephen Donovan, Esq.

You're an adjuster. You face the impossible task of condensing sixty hours worth of work in a forty-hour work week. Neat trick! The last thing you want to do is waste your time at some WCAB District Office, right? Maybe! The following article discusses (1) why you might want to appear; (2) whether you must appear when ordered by the WCJ; and (3) what steps to take to protect against sanctions when you can't (or won't) appear as ordered. The answers just might surprise you!    (continued)

by Donald R. Barthel, Esq.

The 2005 Permanent Disability Rating Schedule (PDRS) has been around and in effect since 1/1/05. Yes, it has been nearly 4 years since its inception!

Have you mastered rating for DFEC, occupation, and age? Are you sure?

How about this little brain teaser?

Per the 2005 PDRS, "[m]ultiple impairments involving the hand or foot are combined using standard AMA Guides protocols." The AMA Guides (5th), instruct:

"The total hand impairment rating is determined by adding the hand impairment values contributed by each digit." (p. 440, AMA Guides)    (continued)