BRB: ALJs are Not Required to Use K.S. to Calculate Average Weekly Wage

The Benefits Review Board (“BRB”) recently discussed average weekly wage calculations in an unpublished Defense Base Act decision.  In Hamidzada v. Mission Essential Personnel,... More

Summary of the 1972 Amendment to the Longshore Act Regarding Attorneys’ Fees

It is sort of a slow news day, so here is a little slice of history.  In 1972, the Longshore and Harbor Workers’ Compensation... More

Summary Judgment Was Not Appropriate in Jones Act Case Against Louisiana

Plaintiff worked on a ferry boat operated by the State of Louisiana, Department of Transportation and Development.  On August 1, 2007, she slipped and... More

Reporting a Marine Casualty: When is it Necessary?

Since 1986 those in the maritime industry have been required by law to submit to the US Coast Guard a Report of Marine Casualty,... More

Chief Judge of Benefits Review Board to Retire

Hon. Nancy S. Dolder, Chief Judge of the Benefits Review Board, has announced her retirement effective April 30, 2014.  Judge Dolder was appointed as... More

The BRB Went on an Attorney Fee Tear in Early 2014

Did anyone else notice that the Benefits Review Board went on a tear in January and February 2014 with respect to Longshore attorney fee... More

International Safe Container Act

The International Safe Container Act (ISCA, 46 U.S.C. 80501-80509), signed into law in 1977, details the requirements for application and compliance with the International... More

Fourth Circuit Denies LHWCA Attorney’s Fees Because Compensation Was Paid Within 30 Days

In a new, important Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision, the Fourth Circuit addressed Section 928(a) attorney’s fees and the meaning of... More

Plaintiff-Seaman Can’t Recover Emotional Damages For Witnessing Injury To Someone Else

Plaintiff worked as a vessel repair supervisor at his employer’s shipyard facility.   His primary responsibility was the maintenance and repair of Employer’s life boats. ... More

Fifth Circuit Holds that Carrier Has Right of Reimbursement Against a Jones Act Settlement

In a new published decision, the Fifth Circuit addressed “whether an insurer who makes voluntary [Longshore and Harbor Workers’ Compensation Act (“LHWCA”)] payments to... More