Who Should Attend This Program? This Program is designed to benefit defense contractors and contracting officers, human resources professionals, insurance brokers, risk managers, claims adjusters, and attorneys. The program covers the requirements of Defense Base Act insurance for defense contracts worldwide and the administration of resulting claims for injury and death. We will address the history and scope of the Defense Base Act, the procurement of required insurance coverage, the administration of claims, and current issues of concern and dispute in the effective management of claims under both the Defense Base Act and War Hazards Compensation Act.
Thursday, October 23, 2008
8:15 – 8:45 Registration
8:45 – 9:00 Introduction of the Program
DBA “Boot Camp”
Lana A. Corll, Loyola University New Orleans College of Law, Director, Continuing Legal Education
John Chamberlain, U.S. Dept. of Labor, Chief, Branch of Financial Management, Insurance and Assessments, DOL/ESA/OWCP/DLHWC
9:00 – 9:30 Basic Issues of Coverage, History and Scope of the Defense Base Act
Mark Reinhalter, U.S. Dept. of Labor, Office of the Solicitor, Counsel for Longshore, Division of Black Lung and Longshore Legal Services Division
9:30 – 10:00 Insurance and Waiver
When is DBA Insurance Coverage Required?
Consequences of Failure to Secure Insurance
Waivers of Coverage
John Chamberlain, U.S. Dept. of Labor, Chief, Branch of Financial Management, Insurance and Assessments, DOL/ESA/OWCP/DLHWC
10:00 – 10:30 Claims Administration Basics
Benefits Payable Under the Act
o Minimum and Maximum Benefits
o Statutory Beneficiaries
Katherine Ferar, U.S. Dept. of Labor, Claims Examiner, National Office, OWCP/DLHWC
10:30 – 10:45 Break
10:45 – 12:00 Claims Administration Basics (continued)
Role of the Employer, Insurance Carrier, and Employee
Miranda Chiu, U.S. Dept. of Labor, Chief, Branch of Policy, Regulations and Procedures, DOL/ESA/OWCP/DLHWC
Role of the Office of Workers’ Compensation Programs
o How Claims are Administratively Processed
o Forms
Richard Robilotti, U.S. Dept. of Labor, District Director, Longshore District Office #2, New York, ESA/OWCP/DLHWC
12:00 – 1:30 Lunch On Your Own
1:30 – 2:30 Status Report on Administration of the DBA and WHCA
Statistical Report on Claims in OWCP, OALJ and BRB
Distribution and Management of Claims
Disposition of Claims in the System
Miranda Chiu, U.S. Dept. of Labor, Chief, Branch of Policy, Regulations and Procedures, DOL/ESA/OWCP/DLHWC
Judge Stephen Purcell, U.S. Dept. of Labor, Associate Chief Judge for Longshore, Washington, D.C.
Jan Ulan, U.S. Dept. of Labor, Associate General Counsel, Longshore Division Chief, Benefits Review Board
Barbara Williames, FECA, Washington, D.C., Chief of Policy & Procedure
2:30 – 3:30 Jurisdiction Under the DBA
Scope of the Act’s Coverage
The “Zone of Special Danger”
David Barnett, Esq., Barnett & Lerner, P.A., Dania Beach, FL
Michael Murphy, Henslee Schwartz, Houston, TX
3:30 – 3:45 Break
3:35 – 4:450 Determining Average Weekly Wages
Domestic Pay Rates Versus Overseas Earnings
Wages of Nationals Versus Foreign Workers
Judicial Interpretation of Section 10 of the LHWCA under the DBA
Monica F. Markovich, Esq., Brown Sims, Houston, TX
Friday, October 24, 2008
8:30 – 9:15 What Insurance is Needed and How to Buy It
Who is Responsible to Buy Insurance
o Employers
o Sub-Contractors
o Agents and Brokers
Who is Not Responsible for Insurance
Single Source Contracts
Multiple Contracts
Short Contracts
Minimum Premiums
Can the Cost Be Reimbursed?
o Waivers
o Who Applies
o What Does the Waiver Cover?
o What if Someone Mistakenly Relies on a Waiver?
“Private Insurance” Programs
Laws of Other Countries
Costs Not Covered by the DBA
John Chamberlain, U.S. Dept. of Labor, Chief, Branch of Financial Management, Insurance and Assessments, DOL/ESA/OWCP/DLHWC
Mark Reinhalter, U.S. Dept. of Labor, Office of the Solicitor, Counsel for Longshore, Division of Black Lung and Longshore Legal Services Division
Christopher Moody II, Executive Vice President, Moody Insurance Worldwide, Clarksburg, MD
9:15 – 10:00 Exclusivity of the Act
Congressional Intent and Statutory Mandate
Judicial Interpretation of Exclusivity
Interplay With Other Employment-Based Acts
Keith Flicker, Esq., Flicker, Garelick & Associates, LLP, New York, NY
Mark Reinhalter, U.S. Dept. of Labor, Office of the Solicitor, Counsel for Longshore, Division of Black Lung and Longshore Legal Services Division
9:30 – 11:30 Handling Investigations and Discovery in DBA Claims
The Challenges of Collecting Documentation, Interviewing Witnesses, Conducting Discovery and Developing Evidence
Language and Cultural Barriers
Vocational Rehabilitation Challenges
David Barnett, Esq., Barnett & Lerner, P.A., Dania Beach, FL
Alan Brackett, Esq., Mouledoux, Bland, Legrand & Brackett, L.L.C., New Orleans, LA
11:00 – 12:00 Settlements and Commutations of Claims
Requirements for Settlements
How Commutations Work
How to Determine Whether to Settle or Commute a Claim
Miranda Chiu, U.S. Dept. of Labor, Chief, Branch of Policy, Regulations and Procedures, DOL/ESA/OWCP/DLHWC
Richard Robilotti, U.S. Dept. of Labor, District Director, Longshore District Office #2, New York, ESA/OWCP/DLHWC
12:00 – 1:30 Lunch on Your Own
1:30 – 3:30 Important Medical Issues in DBA Claims
Challenges in Dealing with Foreign Medical Providers
War Injuries
Psychiatric Claims and Post-Traumatic Stress Disorder
Heart Attacks, Strokes and Other Diseases
John Russo, AIU, New York, NY, Vice President, Claims, International Worker's Compensation/Employer's Liability
3:30 – 4:30 War Hazards Compensation Act
Scope and Purpose of the Act
Types of Claims
o Reimbursement Claims
o Direct Payment of Benefits
o Detention Benefits
Coverage
o “War-Risk Hazards”
o “Hostile Force”
Processing of Claims by OWCP
o Proper Forms and Documentation
o Appeal Rights
Thomas Giblin, U.S. Dept. of Labor, Deputy Associate Solicitor, Office of the Solicitor, Federal Employees' and Energy Workers' Compensation
Roger Levy, Esq., Laughlin, Falbo, Levy & Moresi, San Francisco, CA