One More Thing To Consider Before Voluntary Retirement…

In this decision presented to the Benefits Review Board, Claimant appeals, and Employer and Carrier cross-appeal, the Decision and Order of Administrative Law Judge... More

Historical Background Anchors Judge Clement’s McBride Concurrence

On September 25, 2014, the Fifth Circuit Court of Appeals, sitting en banc, rendered its decision in the high-profile case McBride v. Estis Well... More

Benefits Review Board Denies Claimant’s Request for Benefits at Rate Greater than Maximum

Following a formal hearing, Claimant was awarded benefits associated with his injuries suffered in Iraq while employed with Employer as an armed escort.  The... More

Do You Need a Medicare Set Aside for Your Longshore or Defense Base Act Settlement?

In every case where a Longshore worker or Defense Base Act (DBA) contractor agrees to close or limit their right to future medical benefits,... More

The Effect of Section 905(b) on the Parties’ Agreement to Indemnify

U.S. United Ocean Services, LLC (“United”) entered into a General Services Agreement (“the Agreement”) with Buck Kreihs Company, Inc. (“BK”) whereby BK would perform... More

Defense Base Act Claimant’s Temporary Job Was Not Suitable Alternative Employment

When an injured Longshore or Defense Base Act claimant cannot return to their usual work, an employer must demonstrate the availability of suitable alternative... More

Jones Act Employees Could Not Sue a Dual-Listed Company

On August 12, 2014, the Eleventh Circuit published a decision discussing jurisdiction and business entity structure in the context of a Jones Act lawsuit. ... More

It’s Our Settlement and We Can Cry If We Want To: Limited Powers of ALJs

In a decision dated July 28, 2014, the Benefits Review Board defined, or rather, clarified, the limited circumstances in which an administrative law judge... More

Longshore Employer Was Not Liable For a Section 28(c) Lien on Compensation

Claimant sustained a work-related injury on October 7, 2004.  Administrative Law Judge Kennington awarded Claimant temporary total disability benefits on December 10, 2010.  Thereafter,... More

DOL-Joint Bar Association Commented On the Longshore Pre-Hearing Statement, Form LS-18

The DOL-Joint Bar Association recently submitted comments to the Office of Information and Regulatory Affairs to slightly modify the Pre-Hearing Statement, Form LS-18. The... More