The regulations in this subpart govern the adjudication of claims in which the employer has filed a notice of controversion under § 702.251, or the employee has filed notice of contest under § 702.261. In the vast majority of cases, the problem giving rise to the controversy results from misunderstandings, clerical or mechanical errors, or mistakes of fact or law. Such problems seldom require resolution through formal hearings, with the attendant production of expert witnesses. Accordingly, by § 702.311 et seq., the district directors are empowered to amicably and promptly resolve such problems by informal procedures. Where there is a genuine dispute of fact or law which cannot be so disposed of informally, resort must be had to the formal hearing procedures as set forth beginning at § 702.331. Supplementary compensation orders, modifications, and interlocutory matters are governed by regulations beginning with § 702.371. Thereafter, appeals from compensation orders are discussed beginning with § 702.391 (the regulations of the Benefits Review Board are set forth in full in part 802 of this title).
Notes of Decisions
Barulec v. Skou, 471 F. Supp. 358 (S.D.N.Y. 1979).
· cites it 2× “that the intercession of the Office of Workmen’s Compensation Programs, and the preparation of a “Memorandum of Informal Conference” embodying the terms of the settlement reached following that intercession, constitute sufficient “official action by the Deputy Commissioner” to…”
Ingalls Shipbuilding, Inc. v. Asbestos Health, 17 F.3d 130 (5th Cir. 1994).
“” 20 C.F.R. § 702.301 . These efforts usually take the form of informal discussions, written communications or informal conferences at the Director’s office.”
Oceanic Butler, Inc. v. Nordahl, 842 F.2d 773 (5th Cir. 1988).
· cites it 2× “It is true that section 8(i) provides for submission of settlements to the AU that has handled the file up to the point at which agreement was reached and that section 19(d) and 20 C.F.R. § 702.301 provide for formal hearings to develop necessary records, but the parties here…”
Kreschollek v. S. Stevedoring Co., 78 F.3d 868 (3rd Cir. 1996).
· cites it 2× “§ 919 (c), (d) (1994); 20 C.F.R. § 702.301 (1995). An ALJ held a hearing on the case on December 15,1993.”
Ambrosino v. Transoceanic S.S. Co., 675 F.2d 470 (2d Cir. 1982).
“” 20 C.F.R. § 702.301 . The amendments recognize the importance of an official informal conference in which an agreement approved by the Department of Labor has the same final and binding effect as a formal compensation order issued after a contested proceeding.”
Downs v. Dir., Off. of Workers Comp. Programs, 803 F.2d 193 (5th Cir. 1986).
“§ 919 and 20 C.F.R. § 702.301 (1986). Prior to the formal hearing, the parties negotiated a settlement covering Downs’ compensation claim as allowed by the LHWCA.”
Geary v. Jeffboat, Inc., 620 F. Supp. 41 (S.D. Ind. 1985).
“Texas, 1985); 20 C.F.R. § 702.301 . This procedure is wholly consistent with the purpose of § 918(a) which is “to provide a quick and inexpensive mechanism for the prompt enforcement of unpaid compensation awards.”
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