Longshoremen's and Harbor Worker's Compensation Act Amendments of 1979
Latest action. Referred to House Committee on Education and Labor.
Longshoremen's and Harbor Worker's Compensation Act Amendments of 1979 - Amends the Longshoremen's and Harbor Worker's Compensation Act to: (1) extend coverage to include ship cleaners, lashers, and ship carpenters; and (2) define "longshoring operation", "ship repairman", "ship builder", and "point of rest" for purposes of the Act. Extends the current maximum rates of compensation for disability to compensation for death. Entitles an injured employee to choose an attending physician from a panel designated by the employer and authorized by the deputy commission. Requires an attending physician who refers an employee to a medical specialist or physician to notify the employer with respect to such referral. Requires an employee seeking recovery of expenses for medical treatment to request the employer to furnish such treatment within 21 days of the first treatment. Establishes procedures for providing independent medical examinations when medical questions arise, including guidelines for the determination of the degree of physical impairment. Provides that, except for certain specified injuries, permanent and total disability shall be determined only if as a result of the injury, the employee is unable to earn any wages in the same or other employment. Specifies that compensation for permanent, partial disability as listed in the Act shall not be subject to such restriction but shall be exclusive for those disabilities listed. Allows the employer to suspend or reduce the payment of compensation for permanent, partial disability under specified circumstances. Eliminates death benefits for the survivors of an employee who had been receiving permanent, partial disability compensation and who dies from causes other than the original injury. Establishes procedures for: (1) approval, disapproval, and appeal from disapproval of settlement applications; and (2) payment and computation of lump sum payment to discharge the settlement. Limits increases in disability compensation tied to wage increases to a maximum of three percent per year. Provides that failure to give notice of injury or death shall not act as a bar to a claim if the employer or insurance carrier has actual knowledge that the injury or death was employment related. Revises provisions with respect to payment of compensation awards, including the imposition of a maximum allowance for an injury of $100,000, except in cases of permanent, total disability or death. Repeals the statutory presumptions related to claims under the Act. Revises various provisions with respect to administrative and court review of compensation orders.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 27, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on February 27, 1979: Referred to House Committee on Education and Labor.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
JOHN ERLENBORN (R-IL) introduced it on February 27, 1979, and 6 members have since signed on as cosponsors.
They come from both major parties: 2 Democrats, 4 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 27, 1979, 17362 days ago. The most recent recorded action was 17362 days ago, on February 27, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers