Happy Friday, everyone. Here are some great Longshore and maritime related posts that I recommend reading.
The LexisNexis Workers’ Compensation Law Community published two interesting articles. First up is Karen Koenig’s Update from the Benefits Review Board (May 2014). In addition to important statistics about the Board’s caseload, the article addresses the Board’s recent interpretation of Section 2(3)(F) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). Congress amended Section 2(3)(F) in 2009. It now excludes from coverage “individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessels, or to dismantle any part of a recreational vessel in connection with the repair of such vessel . . . if [the individual is] subject to coverage under a state workers’ compensation law.”
Next up is The Loyola Current, which is published by the Loyola New Orleans Maritime Law Journal. Recent posts include a summary of Exxon Mobil Corporation v. Hill, which has an important discussion about attorney-client privilege for in-house counsel advice. Another post discusses a recent limitation of liability decision from the Norther District of New York. There, the court determined that workers compensation was not subject to vessel owner limitation.
Over at John’s Longshore and Defense Base Act Blog, John Chamberlain discusses an important Office of Administrative Law Judges decision pertaining to the calculation of a Defense Base Act claimant’s average weekly wage. This link will take you directly to the post.
Finally, the AEU Longshore Blog has an interesting post about suicide entitled, Survivor’s Benefits in the Case of an Injured Worker’s Suicide. The author makes valid points regarding the effect of Ninth Circuit’s Kealoha decision on a Section 3(c) suicide defense under the LHWCA.