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. § 702.349

Formal hearings; filing and mailing of compensation orders; waiver of service; disposition of transcripts

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(a) An administrative law judge must, within 20 days after the official termination of the hearing, deliver by mail, or otherwise, to the district director that administered the claim, the transcript of the hearing, other documents or pleadings filed with him with respect to the claim, and his signed compensation order. Upon receipt thereof, the district director, being the official custodian of all records with respect to claims he administers, must formally date and file the transcript, pleadings, and compensation order in his office. Such filing must be accomplished by the close of business on the next succeeding working day, and the district director must, on the same day as the filing was accomplished, serve a copy of the compensation order on the parties and on the representatives of the parties, if any. Service on the parties and their representatives must be made by certified mail unless a party has previously waived service by this method under paragraph (b) of this section.

(b) All parties and their representatives are entitled to be served with compensation orders via registered or certified mail. Parties and their representatives may waive this right and elect to be served with compensation orders electronically by filing the appropriate waiver form with the district director responsible for administering the claim. To waive service by registered or certified mail, employers, insurance carriers, and their representatives must file form LS-801 (Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers), and claimants and their representatives must file form LS-802 (Waiver of Service by Registered or Certified Mail for Claimants and/or Authorized Representatives). A signature on a waiver form represents a knowing and voluntary waiver of that party's or representative's right to receive compensation orders via registered or certified mail.

(1) Waiving parties and representatives must provide a valid electronic address on the waiver form.

(2) Parties and representatives must submit a separate waiver form for each case in which they intend to waive the right to certified or registered mail service.

(3) A representative may not sign a waiver form on a party's behalf.

(4) All compensation orders issued in a claim after receipt of the waiver form will be sent to the electronic address provided on the waiver form. Any changes to the address must be made by submitting another waiver form. Individuals may revoke their service waiver at any time by submitting a new waiver form that specifies that the service waiver is being revoked.

(5) If it appears that service in the manner selected by the individual has not been effective, the district director will serve the individual by certified mail.

[80 FR 12931, Mar. 12, 2015]
Notes of Decisions
Cited in 15 cases, 1981–2009 · leading case: Garvey Grain Co. & United Fire Ins. Co. v. Dir., Off. of Workers' Comp. Programs & Max Cuellar, 639 F.2d 366 (7th Cir. 1981).
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Garvey Grain Co. & United Fire Ins. Co. v. Dir., Off. of Workers' Comp. Programs & Max Cuellar, 639 F.2d 366 (7th Cir. 1981). · cites it 3× “Do provisions of 20 CFR, § 702.349 mandate that the decision of the ALJ be reversed and remanded because of inordinate delay? 3 The principal issue we must consider is whether Cuellar was an employee within *369 the meaning of the Act.”
Grant v. Dir., Off. of Worker's Comp., 502 F.3d 361 (5th Cir. 2007). · cites it 6× “Upon receipt of the order, however, the District Director took no further action: he did not formally date and file the order, nor did he serve it on the parties, all' contrary to 20 C.F.R. § 702.349 . On 18 January 2006, Grant mailed a notice of appeal to the BRB and mailed a…”
Robert Nealon v. California Stevedore & Ballast Co., & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 996 F.2d 966 (9th Cir. 1993). · cites it 2× “20 C.F.R. § 702.349 reads in full: The administrative law judge shall, within 20 days after the official termination of the hearing, deliver by mail, or otherwise, to the office of the [deputy commissioner] having original jurisdiction, the transcript of the hearing, other…”
Jeffboat, Inc. v. Robert Mann, & Dir., Off. of Workers Comp. Prog., United States Dep't of Labor, 875 F.2d 660 (7th Cir. 1989). · cites it 2× “20 C.F.R. § 702.349 (1973) (emphasis supplied).”
Carillo v. Louisiana Ins. Guar. Ass'n, 559 F.3d 377 (5th Cir. 2009). · cites it 2× “20 C.F.R. § 702.349 . All these provisions mean that “(1) filing a compensation order requires a ‘formal act’ by the District Director; and (2) the District Director can only file the order after it is received.”
Sea-Land Serv., Inc. v. James Barry & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 41 F.3d 903 (3rd Cir. 1994). “The court noted that “the language of [ 20 C.F.R. § 702.349 ] does not make proper mailing part of filing: the regulation mandates that the copies be sent ‘on the same day as the filing was accomplished’; if filing is not complete until copies are mailed to the parties’…”
Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985). “See 20 C.F.R. § 702.349 (discussed in Insurance Co.”
Old Ben Coal Co. v. Ruby Jones, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 897 F.2d 900 (7th Cir. 1990). “However, in reaching its conclusion, the court was careful to note that its decision was based upon its interpretation of 20 C.F.R. § 702.349 , a regulation governing the issuance of decisions under the Longshore Act.”
Ins. Co. of North Am. v. Gee, 702 F.2d 411 (2d Cir. 1983). “The regulation, 20 C.F.R. § 702.349 (1982), does require the deputy commissioner on the date a compensation order is filed in his office to send copies of the order by certified mail not only to the claimant and the employer, but also “to representatives of the parties, if any.”
Pearce v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 647 F.2d 716 (7th Cir. 1981). “The above proceedings are set forth in pertinent parts in 20 C.F.R. §§ 702.349 and 702.350, as follows: § 702.”
Pleasant-El v. Oil Recovery Co., 148 F.3d 1300 (11th Cir. 1998). “20 C.F.R. § 702.349 (1997). The employer’s lawyer received the order on July 6, 1995, and on July 14, full payment of the compensation order was hand deliv *1301 ered to Pleasant’s lawyer.”
Pleasant-El v. Oil Recovery Co., 148 F.3d 1300 (11th Cir. 1998). “20 C.F.R. § 702.349 (1997). The employer’s lawyer received the order on July 6, 1995, and on July 14, full payment of the compensation order was hand delivered to Pleasant’s lawyer.”
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