Longshore Fraud Nets Prison Time

Mervin J. Noel, 51, of Breaux Bridge, Louisiana, plead guilty to one count of making false statements to continue receiving workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act. Noel began receiving longshore benefits and Social Security disability benefits after sustaining an injury while working on an offshore oil platform in 1994. His employer had LHWCA coverage through the Louisiana Workers’ Compensation Corp. (“LWCC”). He also applied for and received SSDI benefits.

In 2007, Noel began operating a lawn care business without disclosing his income to either LWCC or SSA. He completed four separate Forms LS-200, Report of Earnings, at the request of LWCC, falsely stating he had no income. He also falsely reported to SSA that he had not worked for wages since being declared disabled.

Noel received $20,776 in LHWCA benefits and $118,220 in SSDI benefits that he was not entitled to based on his earnings.

U.S. District Judge Elizabeth E. Foote sentenced Noel to six months in prison and six months at-home confinement and ordered Noel to pay $138,247 in restitution to LWCC and the United States.

DOL-Joint Bar Association Announces Annual Meeting

The DOL-Joint Bar Association has announced its annual membership meeting, which will be held in conjunction with Loyola Law School’s Annual Longshore Conference. The meeting will be held on Wednesday, March 18, 2015 at 3:00 p.m. at the Pan-American Life Center, Orleans Room (11th Floor), 601 Poydras St., New Orleans LA 70130. Director of OWCP Longshore Tony Rios will be addressing the membership and we will have all of the Regional District Directors in attendance.  This meeting is open to all plaintiff and defense attorneys representing parties before the United States Department of Labor regardless of membership in the DOL-Joint Bar Association.  Please share this announcement with any colleagues who practice before the United States Department of Labor.

For anyone interested in membership in the DOL-Joint Bar Association, you can apply or renew online using your credit card at www.doljointbar.org. Applications will also be accepted at the Annual Membership Meeting on March 18th.

Loyola Law School’s Annual Longshore Conference Is An Important Industry Event

The Annual Longshore Conference sponsored by Loyola Law School in cooperation with the United States Department of Labor, will be held March 19th and 20th at the Astor Crowne Plaza Hotel in New Orleans.

This year’s conference will be unique and should not be missed by any LHWCA or DBA practitioner.  The Director of DLHWC, the National Office Branch Chiefs and all of the District Directors will be presenting at this year’s conference.  The program will address changes in the operation of OWCP and specifically the DLHWC, as well as future plans to improve operations in claims administration. There will be a representative of the Special Claims Unit to discuss claims under the War Hazards Compensation Act and how those claims are administered. There has never been such a wealth of knowledge from the Department of Labor presented at any program and everyone who handles claims under the Act will want to attend.

The program also includes an annual overview of recent judicial developments in claims under the Act, maritime jurisdiction that impacts what law covers a claim, and the standards for settlement approval under the Act in light of recent jurisprudence. Functional Capacity Evaluations are becoming a greater influence in claims handling and medical care, and there will be a panel of experts to discuss the issues involving these tests. Claims more frequently involve disputes concerning multiple employers and multiple carriers and the program will explore the legal issues involved in those claims, as well as the impact of employers and carriers that are defunct or bankrupt, and occasions where coverage lapses. There will also be sessions on both legal ethics and professionalism.

To register for the program, visit www.loyno.edu/cle, or call 504-861-5564 to speak with Natasha Lacoste, Director of Continuing Legal Education.

New Longshore Director Job Opening

There is a job opening at the Department of Labor for Director, Longshore and Harbor Workers’ Compensation.  Check out www.usajobs.com for the full listing.  For now, here are the job duties:

The incumbent will be responsible for developing, administering, and enforcing administrative procedures and practices for examination, investigation, and review of claims for compensation for disability and death arising under the following acts: (a) Longshore and Harbor Workers’ Compensation Act; (b) District of Columbia Compensation Act; (c) Defense Base Act; (d) Outer Continental Shelf Lands Act; (e) Non-Appropriated Funds Instrumentalities Act; and (f) War Hazards Compensation Act. The incumbent will formulate national policies in connection with these laws. The incumbent will study current legislation in relation to program objectives and economic trends in order to identify legislative changes necessary to meet such objectives and make recommendations for changes as may be needed.  The incumbent will appear before appropriate Congressional committees in order to present and explain proposed legislation affective the Division’s program.