Admiralty & Maritime
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The Eleventh Circuit issued an unpublished Jones Act decision discussing–albeit briefly–removal and arbitration.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
“Flotilla Doctrine” Applied and the Court Granted Claimant’s Motion to Increase Security in a Limitation Action
The flotilla doctrine applies where vessels are owned by the same person, engaged in a common enterprise, and under a single command. The flotilla... More
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