A New and Important Administrative Order for LHWCA Claims Professionals

Today, the U.S. Department of Labor Office of Administrative Law Judges issued a new and important Supplemental and Administrative Order and Notice regarding the suspension of hearings and procedural deadlines due to the COVID-19 pandemic. The new Order has the following effects:

• Extends the Order first issued on March 19, 2020 through May 15, 2020. The first order can be found at www.oalj.dol.gov/IN_RE_SUSPENSION_OF_HEARIN_2020MIS00006_(MAR_19_2020)_140827_CADEC_SD.pdf
• Extends and modifies the suspension of hearings established in the March 19, 2020, Order. The suspension of in-person hearings is continued from May 16, 2020, “through at least Friday, July 24, 2020.” Unless all parties in the case submit a joint petition showing “to the presiding Administrative Law Judge for an exception based on exigent circumstances,” in-person hearings are continued until at least July 27, 2020. Parties may ask the presiding ALJ for a telephonic, video, or other remote hearing before July 27, 2020. Parties may also jointly petition for a decision on the written record without the need for a formal hearing pursuant to 29 C.F.R. § 18.70(d).
• All in-person hearings scheduled between May 15, 2020, through July 24, 2020 will be rescheduled by the ALJ. The parties will be advised of the new dates.
• Beginning on May 16, 2020, all time limitations and procedural deadlines in cases now pending before OALJ are further tolled and suspended until at least June 1, 2020, unless ordered otherwise by the presiding ALJ. The new deadline will be determined by the date on which the period of tolling and suspension ends, which is currently June 1, 2020. This suspension of procedural deadlines does not apply to cases not yet docketed, so parties who must yet file request for a hearing before an ALJ must still file within the limitations period. Also, the suspension of deadlines does not apply to deadlines for filing an appeal with the Benefits Review Board or the federal courts.
• Beginning May 16, 2020, through at least July 24, 2020, the OALJ will not conduct in-person mediations or settlement judge conferences. However, telephonic mediations and settlement judge conferences may be conducted with the consent of all parties.
• The OALJ will continue to accept filings via email at the email address for the district office. 
• The Order on March 19, 2020 indicated that the OALJ would temporarily not issue decisions until at least until April 15, 2020. This new Order says that beginning on April 16, 2020, the OALJ will issue decisions on a regular basis and serve a copy of the decision on the parties by email. 

Good luck to all of you and stay well.

Lance E. Harwell is a Member of Staines, Eppling & Kenney practicing, publishing, and presenting seminars in the fields of general liability, insurance coverage, bad faith insurance claims handling, auto liability, longshore, Louisiana worker’s compensation, fire, and property defense. He is an AV-rated attorney, a Melvin Jones Fellow, and a recipient of the APAS Frank Hara Memorial Award for community service. Lance was selected and serves on the Louisiana Association of Business & Industry’s (LABI) Legal Advisory Council. When he is not practicing law, Lance often volunteers with the Louisiana Bar Association’ Law Day and Constitution Day events, Project H.E.L.P. (Homeless Experience Legal Protection), the University Park Lions Club, and the Asian-Pacific American Society. Otherwise, he can be found cheering for his Louisiana Ragin’ Cajuns. He is married to a woman he does not deserve and is the father of one really great son.

The opinions and comments expressed above are those of Lance E. Harwell, who is not responsible for the inaccuracy of content or any loss or damages incurred by any party as a result of reliance on information contained in this article. The article may not be published or reproduced without the written consent of the author. Prior articles may not be updated for accuracy as pertinent information changes over time. The content of this and other articles composed by Lance E. Harwell provide general information not specific to any particular case or set of facts and should not be construed as legal advice, nor do they establish an attorney-client relationship.