Industry News

Newly revised Form LS-208 (Notice of Payments) and the termination of Form LS-206 (Payment of Compensation Without Award

The Office of Workers Compensation, Division of Longshore and Harbor Workers’ Compensation has revised the Form LS-208 (Notice of Payments) to incorporate sections of the now obsolete, LS-206 (Payment of Compensation Without Award)

Noteworthy changes made to the Longshore mandatory form LS-208 include:

  • Form LS-208 has been renamed from Notice of Final Payment or Suspension of Compensation Payments to “Notice of Payments”

  • Incorporating relevant sections of the now obsolete Longshore Form LS-206

  • Reorganizing the report of payments made on account of permanent disability

  • Modifying the report of payments to allow up two (2) separate disability types

  • Modifying the new LS-208 to report initial, interim and final payments of compensation.

Industry Notice 165, is available on the Office of Workers’ Compensation (OWCP), Division of Longshore and Harbor Workers’ Compensation (DLHWC) website, details the specific changes made on the form LS-208 (Notice of Payments)

Industry Notice regarding increased civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act)

The Department of Labor promulgated a final rule on January 2, 2018 adjusting penalties under the Inflation Adjustment Act. The rule makes the following adjustments to penalties assessed by the Office of Workers’ Compensation Programs (OWCP) under the Longshore and Harbor Workers’ Compensation Act:

Section 14(g) of the LHWCA: Failure to Report Termination of Payments
The penalty amount has increased from $279 to $285.

Section 30(e) of the LHWCA: Penalty for Late Report of Injury or Death
The maximum penalty amount has increased from $22,957 to $23,426.

Section 49 of the LHWCA: Discrimination Against Employees Who Bring Proceedings
The penalty amount has increased from a $2,296 minimum and a $11,478. maximum to a $2,343 minimum and $11,712 maximum.

Industry Notice 163, which is available on the OWCP, Division of Longshore and Harbor Workers’ Compensation (DLHWC) website at https://www.dol.gov/owcp/dlhwc/ outlines the adjustments in detail. The new amounts apply to penalties assessed after January 2, 2018.