As of April 6, 2020, the Office of Workers’ Compensation Programs offices will undergo a consolidation. Through Industry Notice dated January 17, 2020, the Secretary of Labor established three new compensation districts for the Longshore/Defense Base Act programs by consolidating existing districts. These existing offices will now act as “suboffices” of the newly announced compensation districts.
The three new compensation districts will be known as the Eastern, Western, and Southern Districts. As of April 6, 2020, the Eastern Compensation District will consolidate the Boston, Massachusetts; New York, New York; and Norfolk, Virginia offices of the OWCP. The Western Compensation District – will consolidate the Long Beach, California; San Francisco, California; and Seattle, Washington offices of the OWCP. Lastly, the Southern Compensation District – will consolidate the Jacksonville, Florida; New Orleans, Louisiana; and Houston, Texas offices of the OWCP.
The Secretary noted that existing cases will continue to be administered by the OWCP from the offices where they currently reside, however, the Secretary may transfer cases within the new compensation districts to “evenly distribute workload”. This may cause problems on which jurisdiction’s controlling case law will ultimately apply to a transferred matter.
Specifically in regard to Defense Base Act cases, the Secretary stated as follows:
“Additionally, all newly created cases will be distributed for assignment on a rotating basis amongst the suboffices. The only exceptions are: Defense Base Act ("DBA") cases where claimant resides in the United States: These cases will continue to be assigned to the suboffice based on where the claimant resides. See Industry Notice 122. DBA cases where the claimant resides outside of the United States and NAFIA cases where injury occurs outside of the United States and the claimant resides outside of the U.S.: These cases will continue to be assigned to the suboffice based on place of injury. However, consistent with 20 CFR § 704.101 and prior district office consolidations set out in prior Industry Notices (Numbers 106, 115, and 174), the OWCP has determined that cases involving injuries occurring in areas formerly assigned to:
1. District 1 will be assigned to the Eastern Compensation District, suboffice in Boston, Massachusetts.
2. District 2 will be assigned to the Eastern Compensation District, suboffice in New York, New York.
3. District 10 will be assigned to the Southern Compensation District, suboffice in Houston, Texas.
4. Districts 14 and 15 will be assigned to the Western Compensation District, suboffice in Long Beach, California.”
This announcement comes at a time when OWCP offices across the country are experiencing staff shortages and significant delays in scheduling Informal Conferences. Additionally, in October, the OWCP announced the closing of the Honolulu Office and consolidation with the San Francisco office of the OWCP. Acting Director, Division of Longshore and Harbor Workers' Compensation, Antonio A. Rios just took office, and this appears to be the first action by his office to improve efficiencies within the OWCP system, and bring it into the modern age. Let’s hope it doesn’t create more delays in getting claims promptly adjudicated and getting injured workers the benefits they need to survive.