Top Workers’ Compensation Blog Honoree – 2014

We received a great Christmas present the other day.  LexisNexis included Navigable Waters as one of the Top Blogs for Workers’ Compensation and Workplace... More

Tort Law’s “Zone of Danger” Test is Not Applicable to Longshore Psych Claims

While operating a forklift, claimant accidentally struck and killed a fellow employee.  Claimant’s testimony revealed that, after the accident, he and other employees attempted... More

What to Do When Your Dock is Damaged By a Ship With a Compulsory Pilot on Board

Pilotage has existed since ancient times and is as necessary and important now to commercial shipping as it was when Roman law set forth... More

Eastern District of Missouri Holds that Plaintiff Was Not a Jones Act Seaman

Defendant owns a large facility on the bank of the Mississippi River that loads materials onto barges and rail cars.  Also, Defendant owns four... More

Fifth Circuit Addresses Definition of Seaman Under the Fair Labor Standards Act

Under the Fair Labor Standards Act (FSLA), for every hour that an employee works beyond 40 hours in a seven day work week, that... More

BRB Weighs Widow Status, Remands for Justifiable Cause and Conjugal Nexus Determination

Decedent worked as a crane operator for twenty years, including six years for Employer.  He retired in 2004 because of orthopedic problems.  In 2008,... More

PA Court Requires Use of Longshore Benefits to Pay Spousal Support

On November 5, 2014, the Superior Court of Pennsylvania issued Uveges v. Uveges, a published opinion that addresses the intersection of family law and... More

Move Over Apple, Here Comes DLHWC: Introduction to SEAPortal

The Office of Workers’ Compensation Programs (OWCP), Division of Longshore and Harbor Workers’ Compensation (DLHWC) has decided to step up its technology game. In... More

Section 8(i) Settlements Are Final and Cannot Be Modified

In this Benefits Review Board case, Claimant appealed the decision of the Administrative Law Judge approving her Section 8(i) settlement application on the grounds... More

11th Circuit Denies Arguments Against Jones Act Arbitration and Removal

The Eleventh Circuit issued an unpublished Jones Act decision discussing–albeit briefly–removal and arbitration.  Plaintiff argued against removal and arbitration.  The Eleventh Circuit disagreed, saying:... More