How are disputes adjudicated under the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
Initially in injured worker files, a claim for compensation or LS203 when they’re injured. The employer carrier then has 30 days to respond to the claim. If denied, and they file a 207, an injured worker can immediately file an LSAT and have the claim referred to the administrative law judges for a final hearing. Alternatively, if the employer carrier responds within that 30 day time period and complies in part or pays some type of compensation, the injured worker will need to request an informal conference with the Department of Labor, attain a favorable recommendation that the employer carrier does not comply with, and then at that point they can file the LSAT and have the claim referred to the administrative law judges.