US SB236 | 2009-2010 | 111th Congress

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 14 2009 - 25% progression, died in chamber
Action: 2009-01-14 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Text: Latest bill text (Introduced) [PDF]

Summary

Longshore and Harbor Workers' Compensation Act Amendments of 2009 - Amends the Longshore and Harbor Workers' Compensation Act to declare that it is the intent of Congress that: (1) in a claim brought under such Act, the facts are not to be given a broad liberal construction in favor of the employee or of the employer; (2) the laws pertaining to the claim are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either the employee or employer; and (3) the system established under the Act shall be efficient and self-executing, but not an economic or administrative burden. Makes compensation under the Act payable regardless of fault as a cause of an injury (no-fault). Specifies requirements for proportional payment of compensation, the last employer doctrine, intervening employment, and noncontributing employment exposure. Prescribes criteria for the preemption of state law providing additional or alternative remedies for an injured employee, the employee's legal representative, spouse, next of kin, or anyone otherwise entitled to recover from an employer on account of an employee's injury or death. Revises requirements for physician selection. Allows a carrier to designate one or more participating networks or one or more health care panels, or both, to provide medical services to employees. Modifies the formula used to determine disability compensation, including for loss of hearing. Increases allowed funeral expenses. Revises requirements for: (1) determination of death compensation to survivors; (2) timing and recipients of a notice of such injury or death; (3) filing of claims; (4) date of payment of compensation; (5) assignment and exemption from the claims of creditors; (6) presumptions, burdens, and rules of evidence; (7) review of compensation orders; (8) modification of compensation awards for fraud or overpayment; (9) reports of fraud; and (10) payments into the special fund in the absence of an entitled survivor of an employee.

Tracking Information

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Title

Longshore and Harbor Workers' Compensation Act Amendments of 2009

Sponsors


History

DateChamberAction
2009-01-14 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Subjects


US Congress State Sources


Bill Comments 750

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