Benefits Review Board Addresses Competing Audiograms and Longshore Hearing Loss

Claimant was employed by Employer from 1977 to 1987.  Thereafter, he worked for a number of other non-maritime employers.  In 2006, Claimant underwent a... More

Second Circuit Extends Federal Admiralty Jurisdiction to Foreign Judgment

D’Amico Dry Ltd. v.  Primera Mar. (Hellas) Ltd., — F.3d —- (2d Cir. 2014). This case comes before the United States Second Circuit Court... More

BRB: The Binding Nature of Stipulations and Employer’s Burden When Proving Suitable Alternative Employment

In a recent decision, the Benefit Review Board denied Claimant’s appeal of an Order of Modification rendered by the District Director on a Longshore... More

False Distress Call Results in Serious Criminal Penalties

In March 2012, an aircraft pilot falsely reported observing a fishing boat with four passengers in distress in Lake Erie.  In response to the... More

More Briefs Filed in Dize v. Association of Maryland Pilots

In 1995, the Supreme Court decided Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), wherein it announced a test for determining “seaman” status.  To... More

The Zone of Special Danger Includes Grocery Shopping

In a new published Defense Base Act (“DBA”) claim, the Benefits Review Board further clarified the zone of special danger doctrine.  A widow filed... More

Defense Base Act Contractor Denied Vaccine Act Compensation

Petitioner worked for Fluor as a military contractor.  On February 1, 2012, while employed by Fluor in Afghanistan, he received a flu vaccine and... More

BRB Upholds Longshore Settlement, Rejects Director’s Adequacy Arguments

Earlier this week, the Benefits Review Board (“BRB”) issued its published decision in Richardson v. Huntington Ingalls, Inc.  Regular readers of this blog will... More

How Does DLHWC Divide Longshore Death Benefits Between Spouse and Child When the Maximum Compensation Rate Applies?

Today’s post discusses different methods employed by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (“DLHWC”) for the calculation of death... More

BRB: Attorney’s Fees Owed For “Implicit” Issue Successfully Litigated

In a decision released by the Benefit Review Board on April 16, 2014, Employer was held liable for attorney’s fees to Claimant’s counsel for... More