A DRAFTING GUIDE FOR 8(i) SETTLEMENTS

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A DRAFTING GUIDE FOR 8(i) SETTLEMENTS LEWIS S. FLEISHMAN A. INTRODUCTION A primary Department of Labor complaint in longshore cases is the inability of the parties to draft an 8(i) agreement which complies with applicable statutes and regulations. It is the author's experience that between thirty and forty percent of 8(i) applications are initially rejected by the United States Department of Labor. A notice of deficiency generally issues when a proposed 8(i) agreement lacks an essential ingredient or contains an unacceptable "add-on" provision. A deficiency notice can be avoided by reference to the 8(i) checklists, the sample 8(i) agreement and the DRAFTING examples contained in the following article. The main statutes and regulations regarding the settlement of claims are provided herewith for handy reference. Use of these materials will result in better 8(i) agreements and swifter approval.

A DRAFTING GUIDE FOR 8(i) SETTLEMENTS LEWIS S. FLEISHMAN A. INTRODUCTION A primary U.S. Department of Labor complaint in longshore cases is the inability of the parties to

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