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O ffice of W orkers’ C ompensation P rograms. Black Lung Program. Energy Program. Longshore Program. FECA Program. Julia Hearthway, Director, OWCP. OWCP: Focus of New Initiatives. Reorganization Accountability Training Process Improvement and Re-engineering Opioid Epidemic.
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Office of Workers’CompensationPrograms Black Lung Program Energy Program Longshore Program FECA Program Julia Hearthway, Director, OWCP
OWCP: Focus of New Initiatives • Reorganization • Accountability • Training • Process Improvement and Re-engineering • Opioid Epidemic Julia Hearthway, Director, OWCP
Division of Longshore & Harbor Workers’ Compensation Overview & Update Douglas Fitzgerald, Director Division of Longshore and Harbor Workers’ Compensation fitzgerald.douglas@dol.gov 202-343-5844
Welcome and Updates – Operational and Policy Insights at the National Level
Claims Trends New Claims Reported FY 2013 – FY 2018 All Acts
Claims Trends New Claims Reported FY 2013 – FY 2018 Longshore & DBA
Claims Trends New Claims Reported FY 2013 – FY 2018 Hearing Loss
Claims Trends New Claims Reported FY 2013 – FY 2018 Occupational – other* *PTSD, Cumulative, Asbestos, etc.
Claims Trends New Claims Reported FY 2013 – FY 2018 Traumatic
Carrier/Self-Insured Payments by Company Year
Financial Management, Insurance, and Assessments • Section 944:the legislative authority for the Special Fund. Also provides for Secretary of Labor to administer the Fund:“…the Secretary shall also estimate the probable expenses of the fund during that calendar year and the amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund.” • Make up of Special Fund Budget - Annual Benefits Paid:
Financial Management, Insurance, and Assessments • Make up of Special Fund Budget: Collected Assessment:
Financial Management, Insurance, and Assessments • Estimate the probable CY expenses • Timeframe for Assessments • Advanced and Final • Implement program integrity efforts and reporting compliance audits to protect the Special Fund
Industry Performance 1st Report of Injury within 30 Days All Acts – Non DBA
Industry Performance 1st Report of Payment within 30 Days All Acts – Non DBA
Industry Performance DBA 1st Report of Injury within 30 days 1st Report of Payment within 30 Days
DLHWC Performance Program Summary Quality and Timeliness of Conference Process Goal is 89%. Measured 92%. Data Integrity Goal is +/-5% Deviation. Scored 0%. Review of Special Fund claimants’ eligibility Goal is 95%. Exceeded.
Disputes/Resolutions FY 2018 OWCP
Disputes/Resolutions FY 2018 OWCP referred to OALJ and returned
Conferences FY 2018
Efficiencies through IT Modernization In FY 2018, 70%of Incoming Correspondence Was Received Electronically.
OWCS Key Concepts • Fully Integrated System • Reduce Coding/Data Entry • Document Prep & Transmission • Personal Action List Dashboard • Steam-line Workflows • Re-engineer Processes • Focus on • Interventions • Alternative Dispute Resolution • Technical assistance • Outreach • Compliance
We heard from you • More efficient way to file forms to create a case • FAX Number: 202-513-6814 • Training CEs to address all disputed issues in recommendations • Include the earning capacity amount and compensation rate in recommendations • Use District Office email account to serve orders to prevent spam destinations • Defense Base Waivers were extended up to 5 years • Industry Notice Issued on DBA coverage in Puerto Rico • Easier access to assigned CEs. Connect directly to CE with OWCP Number
Recent Training • Focused on Vocational Rehabilitation Services • New Claims Examiners 13 week program • Procedures for claims involving insolvent or uninsured employers • Resource Modules – interactive • Calculating benefits due for hearing loss awards • Interest calculations
Forward Thinking • OWCP Reorganization and DLHWC Re-engineering Business Processes • Delegation of Signature and Approval Authorities • Standardize duties of CEs nationwide • Expand partnerships to increased capabilities of electronic transfer of documents and data. • Institute the concept of the “Intervention” to support technical assistance, dispute resolution, outreach, and outcomes. • Where we have impact – metrics that demonstrate value… new data points?
Case Create Industry Notice No. 166 • Outlines case create changes and procedures • Effective March 1, 2018 David Abeijon, District Director New York
Case Create Fax Case Create Fax Number 202-513-6814
Case Create Forms • No Case Number Assigned • Injury Reports & Forms • LS-201 (Notice of Employee’s Injury or Death) • LS-202 (Employer’s First Report of Injury or Occupational Illness) • LS-203 (Employee’s Claim for Compensation) • LS-262 (Claim for Death Benefits)
Case Create via Fax • Each case create form must be an individual submission • The fax submission should not exceed four pages • Submit only one copy and do not include a cover sheet • Do not submit case create documents via fax and mail.
Central Case Create Site Jacksonville District Office U. S. Department of Labor Office of Workers’ Compensation Programs Division of Longshore and Harbor Workers’ Compensation 400 West Bay Street, Suite 63A, Box 28 Jacksonville, FL 32202 FAX (202) 513-6814
LS-208 FORM • Must be filed within 16 days after compensation has been terminated or suspended. • The Employer/Carrier must mail a copy of the form to the injured employee, and, the employee’s legal representative. Reference Industry Notice No. 151, issued May 26, 2015. • Failure to timely file will result in a penalty of $292.00. 33 U.S.C. §914(g); 20 C.F.R. §702.236. Reference Industry Notice No. 171, issued January 28, 2019. • Must provide explanation as to why benefits are being suspended, or, terminated. Joel Romero, District Director Jacksonville
Industry Notice No. 165 • February 7, 2018 • Industry Notice No. 165 • TO: INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS UNDER THE LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (LHWCA), AND ITS EXTENSIONS, AND OTHER INTERESTED PERSONS • SUBJECT: Newly revised Form LS-208 (Notice of Payments) and the termination of Form LS-206 (Payment of Compensation Without Award) • Mandatory Longshore Form LS-208, Notice of Final Payment or Suspension of Compensation Payments, has been revised and renamed to Notice of Payments. • Mandatory Longshore Form LS-206, Payment of Compensation Without Award, has been eliminated. • The newly revised Form LS-208 (Notice of Payments) incorporates relevant sections of the, now obsolete, LS-206 to make one combined form. This revised form is now available on the Office of Workers’ Compensation Programs (OWCP) Division of Longshore and Harbor Workers’ Compensation (DLHWC) website: • https://www.dol.gov/owcp/dlhwc/lsforms.htm. • The revised version of the Longshore Form LS-208 (Notice of Payments) should now be used. All prior versions of the Longshore Form LS-206 and LS-208 are considered obsolete. • Revised FORM LS-208 (Notice of Payments): https://www.dol.gov/owcp/dlhwc/ls-208.pdf. • OWCP made changes to Longshore Form LS-208 to incorporate relevant sections of the now obsolete Longshore Form LS-206, including reorganizing the report of payments made on account of permanent disability (for non-schedule loss and schedule loss) to include disfigurement, modifying the report of payments to allow the user to enter up to two (2) separate disability types, adding instructions for the employer/insurance carrier, and modifying the Privacy Act and Public Burden Statements. Specifically, the following changes have been made: • The form is renamed “Notice of Payments”.
When must I file an ls-208 FORM? • Three occasions when filing an LS-208 is required: • Initial filing (report the start of compensation benefits) • Interim filing (report a change to compensation benefits) • Final filing (report the suspension or termination of benefits)
What to report? Initial Filing • This option functions as the replacement to form LS-206 – Notice of Payment of Compensation Without Award. • You must complete contact information in every filing option (boxes 1-5; 17-21) . • Initial filing also requires boxes 6-11 are completed. • Boxes 13-16 do not require completion. • You must file this form the same day you make a first payment of compensation. 20 C.F.R. 702.234. Failure to do so may result in assessment of a penalty under 33 U.S.C. §930(b) & (e).
What to report? Interim Filing • This option was created to provide the stakeholders a manner of reporting changes in benefits that do not fit into either an Initial or Final LS-208 filing • Box 6 should be entered to distinguish the “Compensation Disability type”. • You must complete contact information in every filing option (boxes 1-5; 17-21) . • Interim filings require the completion of boxes 12-14, and the interim payment type which best applies from box 15, and/or, box 16. • Boxes 7, 9-11 are not required when filing an Interim LS-208. • You must file this form anytime you make an interim change in benefit payments. 20 C.F.R. 702.234. Failure to do so may result in assessment of a penalty under 33 U.S.C. §930(b) & (e).
What to report? Final filing • This option was created to provide the stakeholders the ability to annotate situations when final payment is issued. e.g. – 8i settlement payment, benefits suspended or terminated. • You must complete contact information in every filing option (boxes 1-5; 17-21) . • You must file this form within 16 days of final payment of compensation. 33 U.S.C. §914(g), 20 C.F.R. 702.235. Failure to do so will result in assessment of a penalty in an amount established under 20 C.F.R. 702.236.