20 C.F.R. § 701.301

What do certain terms in this subchapter mean?

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(a) As used in this subchapter, except where the context clearly indicates otherwise:

(1) Act or LHWCA means the Longshore and Harbor Workers' Compensation Act, as amended (33 U.S.C. 901 et seq.), and includes the provisions of any statutory extension of such Act (see § 701.101(a) and (b)) pursuant to which compensation on account of an injury is sought.

(2) Secretary means the Secretary of Labor, United States Department of Labor, or his authorized representative.

(3)-(4) [Reserved]

(5) Office of Workers' Compensation Programs or OWCP or the Office means the Office of Workers' Compensation Programs, referred to in § 701.201. The term Office of Workmen's Compensation Programs shall have the same meaning as Office of Workers' Compensation Programs (see 20 CFR 1.6(b)).

(6) Director means the Director of OWCP, or his or her authorized representative.

(7) District Director means a person appointed as provided in sections 39 and 40 of the LHWCA or his or her designee, authorized to perform functions with respect to the processing and determination of claims for compensation under the LHWCA and its extensions as provided therein and under this subchapter. The term District Director is substituted for the term Deputy Commissioner used in the statute. This substitution is for administrative purposes only and in no way affects the power or authority of the position as established in the statute.

(8) Administrative Law Judge means a person appointed as provided in 5 U.S.C. 3105 and subpart B of 5 CFR part 930, who is qualified to preside at hearings under 5 U.S.C. 557 and is empowered by the Secretary to conduct formal hearings whenever necessary in respect of any claim for compensation arising under the LHWCA and its extensions.

(9) Chief Administrative Law Judge means the Chief Judge of the Office of Administrative Law Judges, United States Department of Labor, whose office is at the location set forth in 29 CFR 18.3(a).

(10) Board or Benefits Review Board means the Benefits Review Board established by section 21 of the LHWCA (33 U.S.C. 921) as amended and constituted and functioning pursuant to the provisions of chapter VII of this title and Secretary of Labor's Order No. 38-72 (38 FR 90), whose office is at the location set forth in 20 CFR 802.204.

(11) Department means the United States Department of Labor.

(12) Employer includes any employer who may be obligated as an employer under the provisions of the LHWCA as amended or any of its extensions to pay and secure compensation as provided therein.

(13) Carrier means an insurance carrier or self-insurer meeting the requirements of section 32 of the LHWCA as amended and of this subchapter with respect to authorization to provide insurance fulfilling the obligation of an employer to secure the payment of compensation due his employees under the LHWCA as amended or a statutory extension thereof.

(14) The terms wages, national average weekly wage, injury, disability, death, and compensation shall have the meanings set forth in section 2 of the LHWCA.

(15) Claimant includes any person claiming compensation or benefits under the provisions of the LHWCA as amended or a statutory extension thereof on account of the injury or death of an employee.

(b) The definitions contained in paragraph (a) of this section shall not be considered to derogate from any definitions or delimitations of terms in the LHWCA as amended or any of its statutory extensions in any case where such statutory definitions or delimitations would be applicable.

[38 FR 26860, Sept. 26, 1973, as amended at 42 FR 3848, Jan. 21, 1977; 50 FR 391, Jan. 3, 1985; 51 FR 4281, Feb. 3, 1986; 55 FR 28606, July 12, 1990; 70 FR 43233, July 26, 2005; 76 FR 82127, Dec. 30, 2011; 77 FR 37286, June 21, 2012]

Notes of Decisions

Cited in 15 cases, 1984–2017 · leading case: Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995).

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Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995). · cites it 4× “§ 919 (a); 20 CFR §§ 701.301 (a) and 702.105 (1994).”

Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012). · cites it 2× “§ 919 (a); 20 C.F.R. §§ 701.301 (a)(7), 702.105, 702.”

Pool Co. v. Otis L Cooper, 274 F.3d 173 (5th Cir. 2001). “§ 902 ; 20 C.F.R. § 701.301 (2001). A contextual reading of the LHWCA and the relevant regulations, however, strongly suggests that the term “claim” refers to the whole of the employee’s demand for compensation, rather than to specific categories of benefits allowed under the…”

Doris M. Calder v. Max D. Crall & Sgt. Terry L. Earl, 726 F.2d 598 (9th Cir. 1984). · cites it 3× “The district court erred in applying 20 C.F.R. § 701.301 (12) and (13) to the exclusivity provision of the statute ( 33 U.”

Jose Alcala v. Dir., Off. of Workers Comp. Programs, U.S. Dep't of Labor Pan Pac. Fisheries State Comp. Ins. Fund, 141 F.3d 942 (9th Cir. 1998). · cites it 2× “20 C.F.R. § 701.301 (a)(12)(iii)(E) (1994).”

Ceres Marine Terminal v. Hinton, 243 F.3d 222 (5th Cir. 2001). “” 20 C.F.R. § 701.301 (a)(7). The regulation substitutes the term "district director” for the term "deputy commissioner” which is used in the Act.”

Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017). “See 20 C.F.R. §§ 701.301 (a)(7), 702.105. Pursuant to 20 C.”

Truczinskas v. Dir., Off. of Workers' Comp. Programs, 699 F.3d 672 (1st Cir. 2012). “20 C.F.R. § 701.301 (a)(7) (2012). 2 . LHWCA § 19(c)—(d), 33 U.”

Ladd v. Chemonics Int'l, Inc., 603 F. Supp. 2d 99 (D.D.C. 2009). “§ 919 (a) and 20 C.F.R. §§ 701.301 (a), 702.105 & 702.311).”

Itt Base Servs. & Ina/cigna v. Whit L. Hickson & Dir., Off. of Workers' Comp. Programs, 155 F.3d 1272 (11th Cir. 1998). “The DBA provides that judicial review of compensation orders "shall be instituted in the United States district court of the judicial district wherein is located the office of the deputy commissioner [or district director (the new regulatory term for a deputy commissioner, see…”

Craven v. Dir., Off. of Workers Comp. Programs, 604 F.3d 902 (5th Cir. 2010). “§§ 901-50 , 2(7), 19, 39(b); 20 C.F.R. § 701.301 (a)(7). The statutory term "deputy commissioner” and the current administrative designation "district director” are interchangeable terms.”

Zapata Haynie Corp. v. Barnard, 933 F.2d 256 (4th Cir. 1991). “20 C.F.R. § 701.301 (a)(12)(iii)(E) (1990) provides that aquaculture workers are “those employed by commercial enterprises involved in the controlled cultivation and harvest of aquatic plants and animals, including the cleaning, processing or canning of fish and fish products.”

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