roberts services et argued january decided march longshore harbor workers compensation act lhwca creates comprehensive scheme pay compensation eligible employee disability death resulting injury occurring upon navigable waters benefits types disabilities capped twice national average weekly wage fiscal year injured employee newly awarded compensation lhwca requires employers pay benefits voluntarily without formal administrative proceedings typically employers pay benefits without contesting liability compensation orders issued however employer controverts liability employee contests employer actions respect benefits dispute proceeds department labor office workers compensation programs owcp resolved possible informal procedures informal disposition may result compensation order resolved informally dispute referred administrative law judge alj conducts hearing issues compensation order fiscal year petitioner roberts injured alaska marine terminal working respondent services except six weeks voluntarily paid roberts benefits fiscal year roberts filed lhwca claim controverted fiscal year alj awarded roberts benefits fiscal year statutory maximum rate roberts sought reconsideration contending award set higher statutory maximum rate fiscal year argued newly awarded compensation order alj alj denied motion department labor benefits review board affirmed concluding pertinent maximum rate determined date disability commences ninth circuit affirmed held employee newly awarded compensation first becomes disabled thereby becomes statutorily entitled benefits matter whether compensation order issues behalf pp roberts contends statutory term awarded compensation means awarded compensation formal order director owcp maintain means statutorily entitled compensation disability although interpreted either way director interpretation makes working part statutory scheme roberts interpretation employee receiving voluntary payments awarded compensation none subject identifiable maximum rate compensation result incompatible lhwca design section caps compensation twice applicable national average weekly wage determined secretary labor section turn directs secretary determine wage fiscal year begins time becomes applicable national average weekly wage coming fiscal year turn provides secretary determination shall apply newly awarded compensation fiscal year series three provisions work together cap disability benefits terms subject one express exception specifies cap applies globally disability claims three provisions interlock cap functions congress intended also applies globally cases roberts interpretation give application many cases formal orders issue using national average weekly wage fiscal year employee becomes disabled coheres lhwca administrative structure employer must able calculate cap order pay benefits within days notice employee disability see order certify department labor whether maximum rate paid similarly owcp claims examiner must verify compensation rate light applicable cap difficult see employer claims examiner use national average weekly wage one effect time employee becomes disabled moreover applying national average weekly wage fiscal year employee becomes disabled advances lhwca purpose compensate disability defined incapacity injury earn wages employee receiving time injury also avoids disparate treatment similarly situated employees roberts reading permit two employees earn salary suffer injury day receive different maximum compensation rates based happenstance obtaining orders different fiscal years finally applying national average weekly wage fiscal year disability commences discourages gamesmanship claims process fiscal year order issues determine cap fact national average wage rises year inflation unduly significant roberts rule reward employees receive voluntary payments windfalls initiating unnecessary administrative proceedings secure higher rate simultaneously punishing employers complied fully statutory obligations make voluntary payments pp roberts counterarguments unconvincing first although lhwca sometimes uses award mean award formal order presumption identical words used different parts act intended meaning readily yields whenever variation word use lhwca reasonably warrants conclusion employed different parts act different intent see general dynamics land systems cline second roberts argues refused read statutory phrase person entitled compensation mean person awarded compensation estate cowart nicklos drilling converse must also true awarded compensation mean entitled compensation cowart reasoning work reverse cowart construe award see hold groups employees entitled compensation employees awarded compensation mutually exclusive see finally roberts contends interpretation furthers lhwca purpose providing employees prompt compensation encouraging employers avoid delay expedite administrative proceedings remedy also punish employers voluntarily pay benefits proper rate time employees injuries owe benefits higher cap applicable future fiscal year employees chose file claims measured deterrent employer delay interest accrues date unpaid benefit came due pp affirmed sotomayor delivered opinion roberts scalia kennedy thomas breyer alito kagan joined ginsburg filed opinion concurring part dissenting part opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press dana roberts petitioner services et al writ certiorari appeals ninth circuit march justice sotomayor delivered opinion longshore harbor workers compensation act lhwca act ch stat amended et caps benefits types disability twice national average weekly wage fiscal year injured employee newly awarded compensation hold employee newly awarded compensation first becomes disabled thereby becomes statutorily entitled benefits matter whether compensation order issues behalf lhwca comprehensive scheme provide compensation respect disability death employee disability death results injury occurring upon navigable waters metropolitan stevedore rambo quoting employee compensation depends severity disability preinjury pay totally disabled employee example entitled preinjury average weekly wage long remains disabled section however sets cap disability benefits shall exceed twice applicable national average weekly wage national average weekly wage national average weekly earnings production nonsupervisory workers private nonagricultural payrolls recalculated secretary labor fiscal year types disability applicable national average weekly wage figure fiscal year beneficiary newly awarded compensation cap remains constant long benefits continue consistent central bargain workers compensation regimes limited liability employers certain prompt recovery employees lhwca requires employers pay benefits voluntarily without formal administrative proceedings employee provides notice disabling injury employer must pay compensation periodically promptly directly without award except liability pay compensation controverted general employers pay benefits without contesting liability see pallas shipping agency duris mine run cases therefore compensation orders issue employer controverts employee contests employer actions respect benefits dispute advances department labor office workers compensation programs owcp see cfr owcp district directors empowered amicably promptly resolve problems informal procedures district director informal disposition may result compensation order practice however many pending claims amicably settled voluntary payments without necessity formal order intercounty constr walter informal resolution fails district director refers dispute administrative law judge alj see cfr alj decision hearing culminates entry compensation order fiscal year petitioner dana roberts slipped fell patch ice employed respondent services marine terminal dutch harbor alaska roberts injured neck shoulder return work receiving notice disability except period voluntarily paid roberts benefits absent compensation order fiscal year discontinued voluntary payments roberts filed lhwca claim controverted fiscal year hearing alj awarded roberts benefits statutory maximum rate per week twice national average weekly wage fiscal year fiscal year roberts became disabled roberts moved reconsideration arguing applicable national average weekly wage figure fiscal year fiscal year newly awarded compensation alj order latter figure entitled roberts per week alj denied reconsideration department labor benefits review board brb affirmed concluding pertinent maximum rate determined date disability commences app pet cert ninth circuit affirmed relevant part holding employee awarded compensation within meaning first becomes entitled compensation roberts director owcp per curiam granted certiorari resolve conflict among circuits respect time beneficiary newly awarded compensation ii roberts contends awarded compensation means awarded compensation formal order supported director owcp responds awarded compensation means statutorily entitled compensation disability text standing alone admits either interpretation task fit possible parts harmonious whole ftc mandel brothers interpretation advanced director makes working part statutory scheme supplies administrable rule results equal treatment similarly situated beneficiaries avoids gamesmanship claims process light contextual structural considerations hold employee newly awarded compensation first becomes disabled thereby becomes statutorily entitled benefits act matter whether compensation order issues behalf first consider whether language issue plain unambiguous meaning regard particular dispute case robinson shell oil lhwca define awarded construing act statute look first language giving words used ordinary meaning ingalls shipbuilding director office workers compensation programs quoting moskal first blush roberts position appealing ordinary usage award often means give judicial decree assign careful judgment webster third new international dictionary see also black law dictionary ed grant formal process judicial decree award also mean grant confer bestow upon webster third new international dictionary see also ibid ed lhwca grants benefits disabled employees said award compensation force provisions indeed often said statutes award entitlements see astrue ratliff slip referring statutes award attorney fees prevailing party barber thomas appendix majority opinion slip statute awards credits federal prisoners new energy ind limbach ohio statute awards tax credit pacific employers ins industrial accident california workers compensation statute award compensation injuries employee see also connecticut doehr rehnquist concurring part concurring judgment materialman mechanic lien statutes award interest real property workers similarly described employee survivors awarded death benefits virtue employee death without reference formal order director office workers compensation programs rasmussen quoting predecessor provision short text isolation indeterminate statutory language however construed vacuum fundamental canon statutory construction words statute must read context view place overall statutory scheme davis michigan dept treasury context lhwca comprehensive reticulated regime worker benefits plays pivotal role awarded compensation much sensibly interpreted mean statutorily entitled compensation disability section governs compensation lhwca cases explained see supra lhwca requires employers pay benefits voluntarily vast majority cases occurs roberts interpretation employee receiving voluntary payments awarded compensation none subject identifiable maximum rate compensation result incompatible act design section caps ompensation disability death compensation death required paid lump sum twice applicable national average weekly wage determined secretary paragraph section turn directs secretary determine national average weekly wage fiscal year begins october provides uch determination shall applicable national average weekly wage coming fiscal year turn provides eterminations subsection respect fiscal year shall apply newly awarded compensation fiscal year series three provisions work together cap disability benefits terms subject one express exception specifies cap applies globally disability claims three provisions interlock cap functions congress intended also applies globally cases see fda brown williamson tobacco must interpret statute symmetrical coherent regulatory quoting gustafson alloyd roberts interpretation correct application many cases formal orders issue employers make voluntary payments parties reach informal settlements construe manner renders entirely superfluous unusual circumstances trw andrews recognizing deficiency reading roberts proposes orders issue every case employers lock caps effect time employees become disabled solution search problem settled lhwca practice orders rare roberts interpretation set needless administrative machinery motion disrupt congressionally preferred system voluntary compensation informal dispute resolution incongruity roberts proposal highlighted inability identify vehicle entry order uncontested case section roberts relies applies employee filed claim likewise cfr applies case claim employer notice controversion see doubt employee file claim sole purpose assisting employer securing lower cap read compel employer file baseless notice controversion cf providing assessment attorney fees costs employers controvert unsuccessfully roberts suggests employers threaten terminate benefits order induce employees file claims thus initiate administrative process construing workers compensation regime encourage gratuitous confrontation employers employees strikes us unsound using national average weekly wage fiscal year employee becomes disabled coheres lhwca administrative structure section requires employer pay benefits within days notice employee disability employer must able calculate cap employer must also notify department labor voluntary payments filing form indicates inter alia whether maximum rate paid dept labor form payment compensation without award online http receipt form owcp claims examiner must verify rate compensation light applicable cap see dept labor longshore dlhwc procedure manual hereinafter longshore procedure manual online http difficult see employer apply certify national average weekly wage one effect time employee becomes disabled employer powerless predict employee might file claim compensation order might issue national average weekly wage later time likewise claims moreover applying national average weekly wage fiscal year employee becomes disabled advances lhwca purpose compensate disability defined incapacity injury earn wages employee receiving time injury emphasis added lhwca takes average weekly wage injured employee time injury basis upon compute compensation logical apply national average weekly wage point time administrative practice long treated time injury relevant date see dept labor pamphlet workers compensation longshoremen act rev compensation payable act may exceed national average weekly wage applicable time injury online http dept labor workers compensation longshoremen act pamphlet rev see also dept labor lhwca bulletin national average weekly wage particular fiscal year applies disability incurred fiscal year applying national average weekly wage time onset disability avoids disparate treatment similarly situated employees roberts reading two employees earn salary suffer injury day entitled different rates compensation based happenstance obtaining orders different fiscal years imagine reason congress intended choosing words newly awarded compensation differentiate employees based arbitrary criterion finally using national average weekly wage fiscal year disability commences discourages gamesmanship claims process fiscal year order issues determine cap fact national average weekly wage typically rises every year inflation see supra become unduly significant every employee affected cap seek entry compensation order later fiscal year even employee receiving compensation proper rate years well advised file claim greater benefits order obtain order later time likewise employee might delay adjudicatory process defer entry order even adjudicated case employer found paid benefits proper rate alj adopt later fiscal year national average weekly wage making increased cap retroactively applicable employer payments roberts candidly acknowledges position gives rise perverse incentives see tr oral arg decline adopt rule reward employees windfalls initiating unnecessary administrative proceedings simultaneously punishing employers complied fully statutory obligations iii find roberts counterarguments unconvincing first roberts observes provisions lhwca clearly use award mean award formal order contends must true awarded compensation agree act sometimes uses award roberts urges section example refers payment compensation person entitled thereto without award foreclosing equation entitlement award adopt respect presumption identical words used different parts act intended meaning readily yields whenever variation connection words used reasonably warrant conclusion employed different parts act different intent general dynamics land systems cline internal quotation marks citation omitted see also cleveland indians baseball find presumption overcome several provisions act make sense award read roberts proposes provisions confirm today holding context use award denote statutory entitlement compensation disability example provides roper equitable compensation exceed shall awarded serious disfigurement roberts argues necessarily contemplates administrative action fix amount liability direct payment reply brief petitioner roberts view disfigured employee may receive benefits without invoking administrative claims process argument however runs counter preface directs ompensation disability shall paid employee requires payment compensation without award also belied employers practice paying benefits voluntarily see newport news shipbuilding dry dock wl brb mar per curiam evans bergeron barges wl brb per curiam light lhwca interest prompt payment settled practice awarded better read refer disfigured employee entitlement benefits likewise provides employee receiving compensation scheduled dies receiving full amount compensation schedule entitles total amount award unpaid time death shall payable benefit survivors see also roberts interpretation award introduce odd gap survivors employees receiving schedule benefits pursuant orders survivors employees receiving voluntary payments entitled unpaid balances due decedents reason congress chosen distinguish survivors manner benefits review board quite sensibly interpreted mean employee vested interest benefits accrue lifetime dies estate entitled benefits regardless award made wood ingalls shipbuilding brbs per curiam finally provides purpose subsection term respect compensation order means formal order issued deputy commissioner administrative law judge board unless award may mean something award compensation order specific definition unnecessary roberts contends provision enacted indeed light pallas shipping brief petitioner see term order lhwca refers specifically administrative award compensation following proceedings respect claim roberts argument offends canon superfluity neglects defines term award whereas pallas shipping defines term compensation order moreover congress definition award tracks roberts preferred interpretation carefully limited congress intended adopt universal definition award done lhwca glossary read light duty give effect possible every clause word statute duncan walker internal quotation marks omitted debunks roberts argument act always uses award mean award formal order confirms award meanings next roberts notes refused read statutory phrase person entitled compensation mean person awarded compensation see estate cowart nicklos drilling person entitled compensation need receiving compensation adjudication favor roberts view converse must also true awarded compensation mean entitled compensation cowart reasoning work reverse cowart construe term award relied uniform meaning phrase person entitled compensation lhwca see explained lhwca contains uniform meaning term award moreover cowart hold groups employees entitled compensation employees awarded compensation mutually exclusive former group includes latter entry compensation order sufficient necessary condition membership former see finally roberts contends interpretation furthers lhwca purpose providing employees prompt compensation encouraging employers avoid delay expedite administrative proceedings roberts remedy also punish employers voluntarily pay benefits proper rate time employees injuries employers owe benefits higher cap applicable future fiscal year employees chose file claims roberts remedy offer relief many beneficiaries entitled less statutory maximum rate measured deterrent employer tardiness interest accrues date benefit came due rather date alj award matulic director owcp director long taken position interest necessary inherent component ensures delay payment compensation diminish amount compensation employee entitled sproull director owcp see also strachan shipping wedemeyer moreover imely controversion relieve responsible party paying interest unpaid compensation longshore procedure manual online http indeed alj awarded roberts interest unpaid installment compensation date compensation became due app pet cert order hold employee newly awarded compensation first becomes disabled thereby becomes statutorily entitled benefits matter whether compensation order issues judgment appeals ninth circuit affirmed ordered opinion ginsburg dana roberts petitioner services et al writ certiorari appeals ninth circuit march justice ginsburg concurring part dissenting part section longshore harbor workers compensation act lhwca act defines maximum disability benefit injured worker may receive act specifically injured employee may receive twice national average weekly wage fiscal year employee newly awarded compensation granted review case answer following question employee newly awarded compensation petitioner dana roberts contends employee newly awarded compensation year receives formal compensation award reasons cogently explained majority argument untenable see ante unlike however regard reasonable respondent services view employee newly awarded compensation year becomes statutorily entitled compensation ante applying common meaning verb award recognizing act distinction benefits paid voluntarily paid pursuant compensation order see ante hold injured worker newly awarded compensation employer voluntarily undertakes pay benefits employee administrative law judge alj benefits review board brb reviewing orders employer pay benefits determining meaning statutory phrase look first language giving words used ordinary meaning moskal internal quotation marks citations omitted acknowledges ante verb award ordinarily means give judicial decree assign careful judgment webster third new international dictionary see also black law dictionary ed defining verb award grant formal process judicial decree giving award usual meaning employee newly awarded compensation voluntarily paid fiscal year payment directed administrative order judicial decree lhwca recognizes employee provided compensation voluntarily contested proceedings see ante commonly employer pays compensation voluntarily receiving employee notice disabling injury see pallas shipping agency duris describing form content timing necessary notice requiring employers designate representative receive notice employer declines pay compensation voluntarily injured employee file claim department labor office workers compensation programs owcp employees valid claims owcp proceedings culminate administrative decision ordering employer pay benefits thus injured worker given awarded compensation one two means contemplated act either employer voluntarily pays compensation officially ordered logically worker newly awarded compensation one two events occurs take approach acknowledging relying typical meaning word award see ante adopts view awarded compensation synonymous became statutorily entitled benefits ante result person newly awarded compensation year becomes entitled benefits year employee first becomes disabled ibid reading plausible asserts often said statutes entitlements ante citing cases dispute statutes often characterized awarding relief persons falling within compass statute must read context ante quoting davis michigan dept treasury section address whether lhwca general matter awards disability benefits injured longshore workers rather concerns specific question particular employee newly awarded compensation context equating awarded compensation statutorily entitled compensation plausible person covered act likely say awarded compensation moment became disabled fact employer contests liability entity employer alj brb reviewing recognizes employee right compensation comprehend awarded compensation borrow chief justice example person slips injures negligently maintained sidewalk tell friends next day guess newly awarded money damages yesterday see tr oral arg inconsistency interpretation newly awarded compensation reading phrase best illustrated contextual example assume employee injured employer refuses pay compensation voluntarily five years later alj finds favor employee orders employer pay benefits employee view employee newly awarded compensation even though employee receive penny employer obligated pay penny strained interpretation newly awarded demand view moreover fit act design explained supra act envisions eligible employee begin receiving benefits either two ways interpretation disregards design assuming instead employees awarded benefits way act time become disabled section legislative history confirms congress intended newly awarded compensation commonsense meaning describing senate committee labor public welfare reported section determinations national average weekly wage made respect fiscal year apply employees survivors currently receiving compensation permanent total disability death benefits well begin receiving compensation first time fiscal year emphasis added congress therefore believed injured worker newly awarded compensation year begin receiving compensation first time ibid employee begins receiving compensation either employer voluntarily agrees pay employee benefits alj brb orders employer see supra employer resists payment employee necessarily begin receiving compensation year becomes disabled finally interpreting newly awarded compensation mean awarded employer voluntary decision official order consistent act goal encouraging employers pay legitimate claims promptly see requiring employers pay compensation periodically promptly directly estate cowart nicklos drilling blackmun dissenting act presumes employers rule promptly recognize lhwca obligations commence payments interpretation employer chooses contest valid claim rather pay claim voluntarily runs risk may ultimately pay injured employee higher maximum benefit example employer refuses pay benefits worker injured alj issues order awarding compensation employee fiscal year maximum rate apply employee claim employer voluntarily begun paying benefits hand maximum rate apply reading contrast employer pays prevailing rate year employee became disabled regardless whether employer fact pays benefits immediately years ii case roberts injured february stopped working two weeks later app pet cert insurer paid benefits roberts march july resumed paying benefits september continued pay roberts compensation may ceased making payments good ibid roberts filed complaint owcp alj october concluded roberts entitled compensation march onwards applying interpretation roberts newly awarded compensation three times march voluntarily began paying benefits september resumed making payments stopped july october alj ordered pay benefits roberts uncompensated weeks may onwards roberts therefore entitled fiscal year maximum rate march july fiscal year maximum rate september may fiscal year going forward uncompensated weeks covered alj foregoing reasons reverse ninth circuit judgment hold employee newly awarded compensation employer either voluntarily agrees pay compensation officially ordered footnotes section provides pertinent part maximum rate compensation compensation disability death compensation death required paid lump sum shall exceed amount equal per centum applicable national average weekly wage determined secretary paragraph soon practicable june year event prior october year secretary shall determine national average weekly wage three consecutive calendar quarters ending june determination shall applicable national average weekly wage period beginning october year ending september next year applicability determinations determinations subsection respect period shall apply employees survivors currently receiving compensation permanent total disability death benefits period well newly awarded compensation period currently receiving compensation permanent total disability death benefits cap adjusted fiscal year typically increases step usual rise national average weekly wage see dept labor division longshore harbor workers compensation dlhwc naww information online http internet materials visited mar available clerk case file section currently receiving compensation clause issue fiscal year cases compensation paid resulted orders hearings et al subcommittee labor senate committee labor public welfare congress enacted predecessor provision included newly awarded compensation clause longshoremen harbor workers compensation act amendments stat compare time entitlement wilkerson ingalls shipbuilding time order boroski dyncorp justice ginsburg view advanced party employee awarded compensation employer voluntarily pays compensation officially ordered post opinion concurring part dissenting part reading awarded compensation synonymous receiving compensation farther ordinary meaning award approach person slipped fell negligently maintained sidewalk say awarded money damages business responsible sidewalk voluntarily paid hospital bills cf post moreover congress intended awarded compensation mean receiving compensation said fact parallel clause pertains beneficiaries currently receiving compensation permanent total disability death see nn supra justice ginsburg reading denies effect congress textual shift therefore runs afoul usual rule legislature uses certain language one part statute different language another assumes different meanings intended sosa justice ginsburg reliance single sentence legislative history persuasive see post true senate committee report described newly awarded compensation begin receiving compensation subsequent house committee report cf statute provides method determining maximum minimum compensation applicable persons currently receiving compensation well newly awarded compensation legislative materials push justice ginsburg approach either easily circumvented unworkable example justice ginsburg determines roberts entitled fiscal year maximum rate march july making voluntary payments time post paying roberts per week less alj found roberts entitled receive compare app pet cert order voluntary payment suffices regardless employee actual entitlement employer hedge later finding liability paying smallest amount act might entitle employee controverting liability remainder see sabre personnel brbs employer controverts subject act delinquency penalty see perhaps justice ginsburg gives benefit doubt voluntary payments close roberts actual entitlement close close enough roberts accurately notes cases time injury time onset disability differ observed lhwca compensate physical injury alone disability produced injury metropolitan stevedore rambo principle lower courts rightly concluded dates injury onset disability diverge latter relevant date determining applicable national average weekly wage see service employees international director owcp kubin brbs per curiam likewise small group cases disability lasts less days time onset disability time entitlement differ see compensation shall allowed first three days disability provided ever case injury results disability fourteen days compensation shall allowed date disability cases relevant date disability entitlement coincide fourth day onset disability lhwca provisions read context also use award mean award formal order example like refer payment compensation without award lhwca distinguishes voluntary payments due order purposes punishing employer delinquency compare percent penalty late payment compensation payable without award percent penalty late payment compensation payable terms award sections set forth schedule particular injuries entitle employee receive average weekly wages specific number weeks regardless whether earning capacity actually impaired potomac elec power director office workers compensation programs example employee loses arm entitled average weekly wage weeks roberts interpretation also afford unwarranted significance entry order circumstances resulting arbitrary distinctions within classes beneficiaries example provides employee suffers one scheduled disability awards shall run consecutively roberts interpretation require consecutive payments employees receiving scheduled disability benefits pursuant orders receiving voluntary payments presumably entitled concurrent payments see result conflict text consecutive payments must made case involving multiple scheduled disabilities see thornton northrop grumman shipbuilding brbs per curiam similarly sets two formulas increasing benefits disability death light higher rates congress provided lhwca amendments first applies receiving compensation maximum rate second applies awarded compensation less maximum rate see dept labor owcp bulletin adjustment compensation total permanent disability death prior amendments pp roberts interpretation make second formula applicable beneficiaries receiving less maximum rate pursuant orders beneficiaries reason believe congress intended distinction owcp applied see ibid prescribing uniform method computing increase ases compensated less maximum rate reference existence order thus justice ginsburg approach employer controverts still runs risk greater liability alj awards employee compensation point subsequent onset disability see post newly awarded compensation read context unambiguous reach respondents argument director interpretation entitled deference chevron natural resources defense council footnotes notes maximum rate given fiscal year applies two groups injured workers newly awarded compensation year currently receiving compensation permanent total disability death benefits year ante contrary charge read newly awarded compensation synonymous currently receiving compensation see ibid injured worker currently receiving compensation given fiscal year newly awarded compensation previous year interpretation therefore gives effect congress textual shift ibid identifies two distinct groups workers entitled given year maximum rate employers may particularly strong financial incentive postpone paying claims implicate section applies injured workers qualify maximum rate compensation act claimants owed largest possible benefit purposes year runs october september see maximum rate therefore applies employees newly awarded compensation october september asserts employer easily circumven approach making voluntary payments injured worker substantially employee actual entitlement ante prospect employer successfully execute even attempt strategy imaginary employers make voluntary payments employees required file report department labor describing nature employee injury stating amount payments made see ante employer must also submit results medical evaluation employee condition dept labor longshore dlhwc procedure manual hereinafter longshore procedure manual online http visited mar clerk case file upon receiving employer report dol claims examiner verifies compensation rate accuracy must followup employer compensation rate appears low longshore procedure manual chances slim claims examiner validate substantial underpayment employers underpay benefits moreover subject penalty equal amount underpayment see longshore procedure manual partial payments made employer penalty appl ies difference amount owed amount employers thus risk paying less attempt circumven approach deliberately undercompensating injured workers true employer controverts employee right compensation pay penalty see ante act permit employer pay amount likes controvert remainder see requiring employers either pay benefits full controvert liability pay compensation