C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER A—LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES › PART 702—ADMINISTRATION AND PROCEDURE › Subpart C—Adjudication Procedures

20 C.F.R. § 702.311

Handling of claims matters by district directors; informal conferences

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The district director is empowered to resolve disputes with respect to claims in a manner designed to protect the rights of the parties and also to resolve such disputes at the earliest practicable date. This will generally be accomplished by informal discussions by telephone or by conferences at the district director's office. Some cases will be handled by written correspondence. The regulations governing informal conferences at the district director's office with all parties present are set forth below. When handling claims by telephone, or at the office with only one of the parties, the district director and his staff shall make certain that a full written record be made of the matters discussed and that such record be placed in the administrative file. When claims are handled by correspondence, copies of all communications shall constitute the administrative file.

Notes of Decisions
Cited in 12 cases, 1979–2018 · leading case: Price v. Stevedoring Services of America, Inc.
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Price v. Stevedoring Services of America, Inc. (2012) ca9 · cites it 2× “20 C.F.R. §§ 702.311 , 801.2. If parties are unable to reach a resolution through this informal process, a district director will transfer the case to an ALJ for formal adjudication.”
Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co. (1995) scotus · cites it 2× “If the district director cannot resolve the claim informally, 20 CFR § 702.311 , it is referred to an ALJ authorized to issue a compensation order, § 702.”
Virginia International Terminals, Inc. v. Benny R. Edwards Director, Office of Workers' Compensation Programs, United St (2005) ca4 “See 20 C.F.R. § 702.311 . But the fact that the District Director has power to determine whether the conditions of section 928(b) are satisfied does not nullify those mandatory statutory conditions.”
Sam D. Matulic v. Director, Office of Workers Compensation Programs Jones Stevedoring Co. (1998) ca9 “20 C.F.R. § 702.311 (disputes may be handled informally by conference, telephone, or written correspondence).”
Container Stevedoring Company v. Director, Office of Workers Compensation Programs Albert Gross (1991) ca9 “20 C.F.R. § 702.311 . After Mr. Gross filed his claim in October 1986, the deputy commissioner considered and responded to written correspondence on December 30, 1986, on March 24, 1987, and finally on June 3, 1987, when he referred the case to the OAU.”
Newport News Shipbuilding and Dry Dock Company v. Director, Office of Workers' Compensation Programs David Hassell (2007) ca4 “In fact, 20 C.F.R. § 702.311 provides that some cases may be handled by written correspondence.”
Barulec v. Skou (1979) nysd “See 20 C.F.R. §§ 702.311 -.314 (1976). At the conference, Barulec and his employer reached an agreement settling Barulec’s claim, and the agreement was memorialized in a “Memorandum of Informal Conference” prepared and signed by the claims examiner.”
Potomac Iron Works v. Love (1982) cadc “20 C.F.R. § 702.311 (1981). In addition, the deputy commissioner has the discretionary authority to schedule the conference at any place that he or she believes will be of greater convenience to the parties.”
Quirk v. Mustang Engineering, Inc. (1998) ca5 “20 C.F.R. § 702.311 . Such conferences are conducted by the district director or a designee.”
Leroy Smith v. DOWCP (2018) ca5 “Petitioner does not challenge the factual findings, except to the extent that “correspondence between the parties”—including a request for an informal conference—“serves as the functional equivalent of an informal conference.”
VA Intl Terminals v. Edwards (2005) ca4 “See 20 C.F.R. § 702.311 . But the fact that the District Director has power to determine whether the con- ditions of section 928(b) are satisfied does not nullify those manda- tory statutory conditions.”
Newport News Shipbuilding v. DOWCP (2007) ca4 “In fact, 20 C.F.R. § 702.311 provides that some cases may be handled by written correspondence.”
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