[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Pages 38672-38674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16838]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Proposed Collection; Comment Request

AGENCY: Division of Longshore and Harbor Workers' Compensation, Office 
of Workers' Compensation Programs, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). This program helps to ensure that requested data 
can be provided in the desired format, reporting burden (time and 
financial resources) is minimized, collection instruments are clearly 
understood, and the impact of collection requirements on respondents 
can be properly assessed. Currently, the Office of Workers' 
Compensation Programs is soliciting comments concerning the proposed 
collection: Attorney Fee Approval Request (LS-4), Application for 
Special Fund Relief (LS-5), Commutation Application (LS-6), Request for 
Intervention (LS-7), Settlement Approval Request 8(i) (LS-8) and 
Stipulation Approval Request (LS-9). A copy of the proposed information 
collection request can be obtained by contacting the office listed 
below in the address section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before October 7, 2019.

ADDRESSES: You may submit comments by mail, delivery service, or by 
hand to Ms. Anjanette Suggs, U.S. Department of Labor, 200 Constitution 
Ave. NW, Room S-3323, Washington, DC 20210; by fax,(202) 354-9660 or 
email to [email protected]. Please use only one method of 
transmission for comments (mail/delivery, fax, or email). Please note 
that comments submitted after comment period will not be considered.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor (DOL) is requesting an approval of a new 
information collection. This information collection is essential to the 
mission of DOL and the Office of Workers' Compensation Programs (OWCP) 
Longshore and Harbor Workers' Compensation Act (LHWCA or Act). The Act 
provides benefits to workers injured in maritime employment on the 
navigable waters of the United States or in an adjoining area 
customarily used by an employer in loading, unloading, repairing, or 
building a vessel. In addition, several acts extend the LHWCA's 
coverage to certain other employee groups. LHWCA section 39(a) 
generally authorizes the Secretary of Labor to prescribe rules and 
regulations to implement the Act. See 33 U.S.C. 939(a).
    Title 20 CFR 702.132 empowers the District Directors to award or 
deny attorney fees for services rendered on behalf of a claimant. In 
addition, 20 CFR 702.134 establishes certain guidelines for determining 
an attorney fee when the employer or carrier declines to pay 
compensation. The attorney representing a claimant must file an

[[Page 38673]]

itemized fee petition for services performed at the Office of Workers' 
Compensation (OWCP). Form (LS-4) has been designated for this purpose.
    The implementing regulations at 20 CFR 702.321 require that 
pursuant to section 8(f) of the Act, 33 U.S.C. 908(f), if the work 
injury resulted in additional disability or impairment when combined 
with a pre-existing condition, the employer is liable for the first 104 
weeks of compensation and the Special Fund is liable thereafter. 
Hearing loss claims are different in that the Special Fund pays for the 
pre-existing hearing loss and the employer for the added hearing loss. 
Request for relief must be submitted by the employer/carrier to OWCP 
and relief may be granted by the District Director or an Administrative 
Law Judge. To identify and timely respond to the requests from the 
employers and carriers, OWCP is requiring Form LS-5 Application for 
Special Fund Relief be submitted. The regulatory provisions are 
codified at 20 CFR 702.321. Because the Form LS-5 is of a statutory and 
regulatory nature, it should be formalized in a uniform manner and in a 
clear writing.
    The implementing regulations at 20 CFR 702.142 require that 
pursuant to section 9(g) of the Act, 33 U.S.C. 909(g), compensation 
paid to aliens not residents, or about to become nonresidents, of the 
United States or Canada shall be in the same amount as provided for 
residents except that dependents in any foreign country shall be 
limited to surviving spouse and child or children, or if there be no 
surviving spouse or child or children, to surviving father or mother 
whom the employee has supported, either wholly or in part, for the 
period of 1 year prior to the date of injury. The Director, OWCP, may, 
at his or her option, or upon the application of the employer or 
insurance carrier, shall commute all future installments of 
compensation to be paid to such aliens by paying or causing to be paid 
to them one-half of the commuted amount of such future installments of 
compensation as determined by the Director. [See LHWCA 33 U.S.C. 
909(g)].
    In response to its stakeholders and to facilitate the commutation 
of payments to injured workers, and the beneficiaries of deceased 
workers, OWCP is requiring Form LS-6 Commutation Request with the 
Public Burden Statement and Privacy Act Statement. The regulatory 
provisions are codified at CFR 702.142. Because the Form LS-6 is of a 
statutory and regulatory nature, it should be formalized in a uniform 
manner and in a clear writing.
    Title 20 CFR 702.311 empowers the District Directors to resolve 
disputes with respect to claims in a manner designed to protect the 
rights of the parties and to resolve such disputes at the earliest 
practicable date. In some cases, the best resolution method is an 
informal conference. See also 33 U.S.C. 923(a) (same); 20 CFR 702.301 
(``[B]y Sec.  702.311 et seq., the district directors are empowered to 
amicably and promptly resolve such problems by informal procedures.'') 
In addition, 20 CFR 702.312-702.316 establish certain guidelines for 
conducting informal conferences. Usually one of the parties requests an 
intervention or informal conference to assist with dispute resolution. 
Prior to scheduling an informal conference, the issues in dispute must 
be established and the District Director, or designee, will determine 
if the type of intervention requested is the most effective means for 
resolving the disputed issues. The Form LS-7, Request for Intervention, 
will be used for that purpose.
    Title 20, CFR 702.242 pursuant to 33 U.S.C. 908(i) allow the 
parties to settle claims for compensation and/or medical benefits. A 
Settlement Approval Request is a time sensitive request because once 
the parties submit a settlement, the District Director within thirty 
days must determine if the settlement is adequate, whether it was 
procured under duress and issue a Compensation Order in response. To 
facilitate prompt processing of settlement approval requests, OWCP is 
requiring the parties to use Form LS-8 as a cover page. The parties 
must also attach a signed settlement document that outlines the terms 
of the settlement.
    Title 20 CFR 702.315(a)requires the District Directors to issue 
formal compensation orders, ``Following an informal conference at which 
agreement is reached on all issues, the deputy commissioner shall 
(within 10 days after conclusion of the conference), embody the 
agreement in a memorandum or within 30 days issue a formal compensation 
order. The District Director may also issue an Order Approving 
Stipulations signed by all parties. Form LS-9 Stipulation Approval 
Request will be submitted together with the parties' stipulated 
agreement.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     enhance the quality, utility and clarity of the 
information to be collected; and
     minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor seeks the extension of approval of this 
information collection in order to carry out its responsibility to meet 
the statutory requirements to provide compensation or death benefits 
under the Act to workers covered by the Act.
    Type of Review: New Collection (Request for New OMB control 
Number).
    Agency: Office of Workers' Compensation Programs.
    Title: Request for Intervention, Longshore and Harbor Workers' 
Compensation Act.
    OMB Number: 1240-0NEW.
    Agency Number: LS-007.
    Affected Public: Business or other for-profit.

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                                                     Estimated       Estimated
                    Form No.                       response time     number of       Burden in      Annualized
                                                    in minutes       responses         hours        burden cost
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LS-4............................................              15             486             122       $2,303.36
LS-5............................................              20             577             192        3,624.96
LS-6............................................              10              40               7          132.16
LS-7............................................              10           5,390             898       16,954.24
LS-8............................................              20           5,400           1,800       33,984.00

[[Page 38674]]

 
LS-9............................................              20             521             174        3,285.12
                                                 ---------------------------------------------------------------
    Total.......................................              95          12,414           3,193       60,283.84
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    Total Respondents: 12,414.
    Total Annual Responses: 12,414.
    Estimated Total Burden Hours: 3,193 hours.
    Estimated Time per Response: 15 minutes.
    Frequency: On occasion.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: August 1, 2019.
Anjanette C. Suggs,
Agency Clearance Officer, Office of Workers' Compensation Programs, 
U.S. Department of Labor.
[FR Doc. 2019-16838 Filed 8-6-19; 8:45 am]
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