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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 30, 2014

Title 20Chapter VISubchapter APart 702


TITLE 20—Employees' Benefits

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

rule

Subpart A—GENERAL PROVISIONS

Administration

§702.101
[Reserved]
§702.102
Establishment and modification of compensation districts, establishment of suboffices and jurisdictional areas.
§702.103
Effect of establishment of suboffices and jurisdictional areas.
§702.104
Transfer of individual case file.
§702.105
Use of the title District Director in place of Deputy Commissioner.

Records

§702.111
Employer's records.
§702.112
Records of the OWCP.
§702.113
Inspection of records of the OWCP.
§702.114
Copying of records of OWCP.

Forms

§702.121
Forms.

Representation

§702.131
Representation of parties in interest.
§702.132
Fees for services.
§702.133
Unapproved fees; solicitation of claimants; penalties.
§702.134
Payment of claimant's attorney's fees in disputed claims.
§702.135
Payment of claimant's witness fees and mileage in disputed claims.

Information and Assistance for Claimants

§702.136
Requests for information and assistance.

Commutation of Payments and Special Fund

§702.142
Commutation of payments; aliens not residents or about to become nonresidents.
§702.143
Establishment of special fund.
§702.144
Purpose of the special fund.
§702.145
Use of the special fund.
§702.146
Source of the special fund.
§702.147
Enforcement of special fund provisions.
§702.148
Insurance carriers' and self-insured employers' responsibilities.

Liens on Compensation

§702.161
Liens against assets of insurance carriers and employers.
§702.162
Liens on compensation authorized under special circumstances.

Certification of Exemption

§702.171
Certification of exemption, general.
§702.172
Certification; definitions.
§702.173
Exemptions; requirements, limitations.
§702.174
Exemptions; necessary information.
§702.175
Effect of work on excluded vessels; reinstatement of certification.
rule

Subpart B—CLAIMS PROCEDURES

Employer's Reports

§702.201
Reports from employers of employee's injury or death.
§702.202
Employer's report; form and contents.
§702.203
Employer's report; how given.
§702.204
Employer's report; penalty for failure to furnish and or falsifying.
§702.205
Employer's report; effect of failure to report upon time limitations.

Notice

§702.211
Notice of employee's injury or death; designation of responsible official.
§702.212
Notice; when given; when given for certain occupational diseases.
§702.213
Notice; by whom given.
§702.214
Notice; form and content.
§702.215
Notice; how given.
§702.216
Effect of failure to give notice.
§702.217
Penalty for false statement, misrepresentation.

Claims

§702.221
Claims for compensation; time limitations.
§702.222
Claims; exceptions to time limitations.
§702.223
Claims; time limitations; time to object.
§702.224
Claims; notification of employer of filing by employee.
§702.225
Withdrawal of a claim.

Noncontroverted Claims

§702.231
Noncontroverted claims; payment of compensation without an award.
§702.232
Payments without an award; when; how paid.
§702.233
Penalty for failure to pay without an award.
§702.234
Report by employer of commencement and suspension of payments.
§702.235
Report by employer of final payment of compensation.
§702.236
Penalty for failure to report termination of payments.

Agreed Settlements

§702.241
Definitions and supplementary information.
§702.242
Information necessary for a complete settlement application.
§702.243
Settlement application; how submitted, how approved, how disapproved, criteria.

Controverted Claims

§702.251
Employer's controversion of the right to compensation.
§702.252
Action by district director upon receipt of notice of controversion.

Contested Claims

§702.261
Claimant's contest of actions taken by employer or carrier with respect to the claim.
§702.262
Action by district director upon receipt of notice of contest.

Discrimination

§702.271
Discrimination; against employees who bring proceedings, prohibition and penalty.
§702.272
Informal recommendation by district director.
§702.273
Adjudication by Office of the Chief Administrative Law Judge.
§702.274
Employer's refusal to pay penalty.

Third Party

§702.281
Third party action.

Report of Earnings

§702.285
Report of earnings.
§702.286
Report of earnings; forfeiture of compensation.
rule

Subpart C—ADJUDICATION PROCEDURES

General

§702.301
Scope of this subpart.

Action by District Directors

§702.311
Handling of claims matters by district directors; informal conferences.
§702.312
Informal conferences; called by and held before whom.
§702.313
Informal conferences; how called; when called.
§702.314
Informal conferences; how conducted; where held.
§702.315
Conclusion of conference; agreement on all matters with respect to the claim.
§702.316
Conclusion of conference; no agreement on all matters with respect to the claim.
§702.317
Preparation and transfer of the case for hearing.
§702.318
The record; what constitutes; nontransferability of the administrative file.
§702.319
Obtaining documents from the administrative file for reintroduction at formal hearings.

Special Fund

§702.321
Procedures for determining applicability of section 8(f) of the Act.

Formal Hearings

§702.331
Formal hearings; procedure initiating.
§702.332
Formal hearings; how conducted.
§702.333
Formal hearings; parties.
§702.334
Formal hearings; representatives of parties.
§702.335
Formal hearings; notice.
§702.336
Formal hearings; new issues.
§702.337
Formal hearings; change of time or place for hearings; postponements.
§702.338
Formal hearings; general procedures.
§702.339
Formal hearings; evidence.
§702.340
Formal hearings; witnesses.
§702.341
Formal hearings; depositions; interrogatories.
§702.342
Formal hearings; witness fees.
§702.343
Formal hearings; oral argument and written allegations.
§702.344
Formal hearings; record of hearing.
§702.345
Formal hearings; consolidated issues; consolidated cases.
§702.346
Formal hearings; waiver of right to appear.
§702.347
Formal hearings; termination.
§702.348
Formal hearings; preparation of final decision and order; content.
§702.349
Formal hearings; filing and mailing of compensation orders; disposition of transcripts.
§702.350
Finality of compensation orders.
§702.351
Withdrawal of controversion of issues set for formal hearing; effect.

Interlocutory Matters, Supplementary Orders, and Modifications

§702.371
Interlocutory matters.
§702.372
Supplementary compensation orders.
§702.373
Modification of awards.

Appeals

§702.391
Appeals; where.
§702.392
Appeals; what may be appealed.
§702.393
Appeals; time limitations.
§702.394
Appeals; procedure.
rule

Subpart D—MEDICAL CARE AND SUPERVISION

§702.401
Medical care defined.
§702.402
Employer's duty to furnish; duration.
§702.403
Employee's right to choose physician; limitations.
§702.404
Physician defined.
§702.405
Selection of physician; emergencies.
§702.406
Change of physicians; non-emergencies.
§702.407
Supervision of medical care.
§702.408
Evaluation of medical questions; impartial specialists.
§702.409
Evaluation of medical questions; results disputed.
§702.410
Duties of employees with respect to special examinations.
§702.411
Special examinations; nature of impartiality of specialists.
§702.412
Special examinations; costs chargeable to employer or carrier.
§702.413
Fees for medical services; prevailing community charges.
§702.414
Fees for medical services; unresolved disputes on prevailing charges.
§702.415
Fees for medical services; unresolved disputes on charges; procedure.
§702.416
Fees for medical services; disputes; hearings; necessary parties.
§702.417
Fees for medical services; disputes; effect of adverse decision.

Medical Procedures

§702.418
Procedure for requesting medical care; employee's duty to notify employer.
§702.419
Action by employer upon acquiring knowledge or being given notice of injury.
§702.420
Issuance of authorization; binding effect upon insurance carrier.
§702.421
Effect of failure to obtain initial authorization.
§702.422
Effect of failure to report on medical care after initial authorization.

Debarment of Physicians and Other Providers of Medical Services and Suppliers and Claims Representatives

§702.431
Grounds for debarment.
§702.432
Debarment process.
§702.433
Requests for hearing.
§702.434
Judicial review.
§702.435
Effects of debarment.
§702.436
Reinstatement.

Hearing Loss Claims

§702.441
Claims for loss of hearing.
rule

Subpart E—VOCATIONAL REHABILITATION

§702.501
Vocational rehabilitation; objective.
§702.502
Vocational rehabilitation; action by district directors.
§702.503
Vocational rehabilitation; action by adviser.
§702.504
Vocational rehabilitation; referrals to State Employment Agencies.
§702.505
Vocational rehabilitation; referrals to other public and private agencies.
§702.506
Vocational rehabilitation; training.
§702.507
Vocational rehabilitation; maintenance allowance.
§702.508
Vocational rehabilitation; confidentiality of information.
rule

Subpart F—OCCUPATIONAL DISEASE WHICH DOES NOT IMMEDIATELY RESULT IN DEATH OR DISABILITY

§702.601
Definitions.
§702.602
Notice and claims.
§702.603
Determining the payrate for compensating occupational disease claims which become manifest after retirement.
§702.604
Determining the amount of compensation for occupational disease claims which become manifest after retirement.


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