Admiralty & Maritime
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
NASA Issues Final Rule Clarifying A Contractor’s Resonsibility to Obtain and Maintain Longshore and Defense Base Act Insurance
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) recently issued a Final Rule discussing a contractor’s... More
What Happens if a Longshore Attorney Accepts Fees Without Receiving Prior Approval?
An award of attorney fees for Longshore and Harbor Workers’ Compensation Act (“Longshore Act”) and Defense Base Act claims must adhere to specific statutory... More
Fifth Circuit Addresses Bailment and Eroding Policy Limits After Vessel Sank
National Liability & Fire Ins. Co. v. R&R Marine, Inc., — F.3d —- (5th Cir. 2014): This case arises after the sinking, and subsequent... More