Arbitration Provision in Salvage Contract Binding

A vessel owner, Farnsworth, brought action against a towboat company, seeking a preliminary injunction to prevent the towboat company from enforcing the arbitration clause... More

Is the McCorpen Defense Preserved For Subsequent Employers?

Under the doctrine commonly referred to as the McCorpen defense, a seaman can be denied his rights to maintenance and cure. In order to... More

Borrowed Servant Doctrine Does Not Equate to Assignment Change

To qualify for seaman status a worker must establish that his duties “contribute to the function of the vessel or to the accomplishment of... More

Maritime Worker Not Entitled to Damages under 905(b) or Warranty of Seaworthiness

Section 905(b) of the LHWCA permits an injured maritime worker to bring suit against a vessel owner for negligence. In Scindia Steam Navigation Co.... More

11th Circuit Addresses Maritime Salvage Case Arising out of Marina Fire

Under the law of salvage in general maritime law, a person who recovers another person’s ship or cargo after peril or loss at sea... More

No Punitive Damages Under Jones Act or General Maritime Law

Plaintiff, John Paul Jones, Jr., brought suit in the U.S. District Court for the Eastern District of Louisiana for damages pursuant to the Jones... More

No Expansion of the Longshoreman Definition

Coming before the Louisiana Third Circuit Court of Appeals  was the question of whether the Claimant was covered by the Longshore and Harbor Workers’ Compensation... More

Limitation of Liability Claim Dismissed as Time Barred

The Limitation Act allows a vessel owner to limit liability for damage or injury to the value of the vessel or the owner’s interest... More

Geographical Proximity is Not the Only Factor in Deciding OCSLA Jurisdiction

Robert Lewis, Jr. filed suit under the Outer Continental Shelf Lands Act (OCSLA), alleging injuries to his left elbow, cervical spine, and lumbar spine as... More

New District Director for the Sixth Compensation District

Kristina Hall, a longtime Claims Examiner in the Jacksonville office of OWCP, has been named as the new District Director for the Sixth Compensation... More