Sunday, January 26, 2014

Recreational Vessels under the Longshore Act. Again.

Representative Wasserman Schultz has introduced a new amendment to the Longshore Act.

The Bill, HR 3896, seeks to revise the previous definition of “Recreational Vessel” in the Regulations.  The entire Bill has one section, with two subsections.  Section 1(a) is titled “Definitions”, and Section 1(b) is titled “Regulations”.

The Regulations provision requires the Department of Labor to amend the regulations in section 701.501 by replacing the current subsections (a) and (b) with “only the text of the definition of recreational vehicle [sic] in section 2(22) of the Longshore and Harbor Workers' Compensation Act, as added by subsection (a)…”

Apart from the misprint, (“vehicle” should be “vessel”), can the Department actually make the changes within 90 days, given all the restraints on regulating and procedures required under the various statutes seeking to prevent rapid rule making?

Friday, January 27, 2012

Reform of the Longshore and Harbor Workers' Compensation Act

This blog is intended as a discussion forum for changes to the Longshore and Harbor Workers' Compensation Act, its extensions and the regulations issued thereunder.

It would be foolish to suggest that proposals could all be "non-contentious", but many of the changes which can be usefully proposed are less "reforms" than just tidying up.  The use of words meaning different things throughout the Act ought to be weeded out.  "Compensation" and "Award" spring to mind as words that have given rise to needless litigation.  In the grand scheme of seeking to reform or amend benefits and presumptions the smaller details get left behind.  The purpose of this blog is to deal with both great and small, so we have a statute which works.