Use of Settlement Judges in Longshore and Related Proceedings Before the Office of Administrative Law Judges

Settlement judges have been made available, with certain exceptions, for proceedings before the Office of Administrative Law Judges since mid-August 1993. Cases arising pursuant to the Longshore and Harbor Workers' Compensation Act and related statutes, however, were excluded from the formal settlement judge procedure because of the high rate of settlement already existing in that program. Existing methods of promoting settlements, both before the Office of Workers' Compensation Programs and the Office of Administrative Law Judges, continue to accommodate high rates of resolution of cases without the need for a formal hearing. Experience with the settlement judge procedure, however, indicates that making settlement judges available in cases arising pursuant to the Longshore and Harbor Workers' Compensation Act and related statutes would be appropriate and beneficial where the parties consent to the appointment, and the Chief Administrative Law Judge concludes that such an appointment is a prudent use of resources. The Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, therefore, is hereby amended to permit the appointment of settlement judges in cases arising out of Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq., the Defense Base Act, the Outer Continental Shelf Lands Act, the Nonappropriated Fund Instrumentalities Act, and the former District of Columbia Workmen's Compensation Act.