Division of Longshore and Harbor Workers' Compensation (DLHWC)
INSTRUCTIONS FOR SUBMITTING FORM LS-513, REPORT OF PAYMENTS, FOR DETERMINATION OF ASSESSMENT UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, AND EXTENSIONS.
GENERAL - Pursuant to Section 44 of the Longshore and Harbor Workers' Compensation Act, all authorized insurance carriers and self-insured employers under the Longshore Act and extensions, including the District of Columbia Compensation Act, are required each year to complete and file with the Office of Workers' Compensation Programs the attached Form LS-513. The form must be completed to show the number of cases and all compensation and medical payments made under the Act(s) during calendar year 2012.
NOTE: A detailed listing must be submitted with the LS-513 supporting the figures and it must contain the following:
(1) Claimants Name (2) OWCP File Number (3) Social Security Number (4) Date of Injury (5) Indemnity/Medical paid in CY 2012. This report may also be submitted in an electronic version.
* DEFINITION OF WHAT MUST BE REPORTED ON FORM LS-513
- All categories of compensation (under Sections 6,8,9, and 44(c)(1) ) paid during calendar year 2012 and reportable on an LS-208 must be reported on the LS-513. This includes additional compensation under Section 14(e) and (f). Compensation is considered paid when a check is issued and not when the check is cashed.
- Attorney's fees assessed against the employer/carrier under Section 28(a) & (b) are NOT considered compensation; however, attorney's fees which are a lien on compensation under 28(c) are reportable.
- All penalties and interest payable to the claimant ARE considered compensation and therefore reportable.
- Section 8(i) settlements, (including annuities) are fully reportable as compensation and/or medical in the year paid.
- Reimbursement to employer/carriers on cases where Section 8(f) relief is ultimately granted are NOT to be deducted from total payments.
- Medical payments should include impartial medical examinations ordered by OWCP but paid by the employer/carrier. Compensation may NOT be reduced or credited due to actual or anticipated subsequent events, reversal on appeal, salary continuance, or credit under a State Act.
- Under the DISTRICT OF COLUMBIA COMPENSATION ACT only compensation and medical payments made during calendar year 2012 where the injury date is prior to 7/26/82 should be reported.
- All payments for reimbursement from an excess/reinsurance Carrier or a national/state assigned risk pool MUST BE REPORTED by the primary employer/carrier.
- Any payments made directly to claimants by an excess or reinsurance carrier MUST BE REPORTED by the primary employer/carrier.
- Any payments made under a so-called "deductible" policy provision must be reported by the insurance carrier that issued the policy
- All payments made under the DEFENSE BASE ACT must be reported. No credit is allowed for cases which may be recoverable in the future under the War Hazards Compensation Act (WHA). Once a case is accepted and reimbursed under the WHA, those claims need not be reported for the calendar year in which they are actually reimbursed or any year in the future. No credit will be given for amounts actually reimbursed from the WHA.
- When an employer continues to pay full salary to an employee, the amount of compensation which is due the claimant must be reported. Payments must be reported for employees who are disabled and given sheltered employment during the period of recovery.
- All payments made under state compensation statutes to concurrent longshore workers must be reported. If the state amount exceeds that due under Longshore only the lesser amount is reportable. If the state amount is less than that due under Longshore than both must be reported. Such payments must be reported even if a formal claim has not been filed under the Longshore Act and also must be reported if subject to a state assessment formula.
- The employer/carrier is ultimately responsible for reporting payments correctly. Third party adjusters or other agents are responsible to their principals for accurate reports. When a third party supplies the data the principal must sign and attest to the correctness of the LS-513.
- Medical payments must be reported on all lost time claims, including hearing loss claims, closed cases, and claims paid under Section 8(f) and claims where only compensation has been settled under Section 8(i).
- A CORRECT and ACCURATE LS-513 is due by March 15, 2013. Amendments are discouraged and must submitted by July 1, 2013. Late amendments may not result in an assessment change.
- If the employer/carrier reports zero ($0) payments a report must be submitted showing the total payroll for covered Longshore employees during the calendar year. If there is no payroll the report must confirm this.
An independent certification will no longer be required. Instead the Department of Labor will conduct periodic random audits on a sample of employers and carriers each year. In support of this all employers and carriers must maintain claims detail data which verify the figures reported on the LS-513. Numerous companies have undergone audits in the past which has resulted in improved and more accurate reporting under the Act.
For clarification or questions, please contact:
Branch of Financial Management Insurance and Assessments