Beach Cleanup Work Was Not Covered By the Longshore Act

Claimant alleged  multiple health issues stemming from her work as an “oil recovery technician” in Prince William Sound in 1989.  At that time, Claimant worked... More

Wages and Penalties for Violations of the Seaman’s Wage Act

NCL owns and operates a fleet of nine cruise ships. Seafarers worked on these vessels as senior stateroom stewards between May 14, 2006, and... More

The Courts Again Address Punitive Damages

As stated by the U. S. Supreme Court in 1893, punitive damages “are not awarded by way of compensation to the sufferer, but by... More

District Court Interpreted the LHWCA’s Exclusivity Provision and Granted Summary Judgment for Defendant

Plaintiff, a welder on a stationary platform on the outer continental shelf off the coast of Louisiana, filed suit in the Western District of Louisiana alleging... More

Attorney’s Fees Owed Despite Prepayment of Benefits

The Benefits Review Board (“BRB”) issued a new unpublished attorney fee decision that addresses the operation of Section 28(a) in the Fifth Circuit.  Section 28(a)... More

Claimant Remained Totally Disabled Despite Labor Market Surveys

The Sixth Circuit published a new Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision discussing Claimant’s vocational ability–or lack of ability–and Employer’s deficient labor... More

DFEC Requiring Claimant Statements in War Hazards Claims

In the past few weeks, I received two information requests from the Division of Federal Employees’ Compensation (“DFEC”) in connection with two Applications for Reimbursement submitted... More

The DBA Applies if Claimant Worked Under a Contract “Approved and Financed” by the U.S.

Claimant, an airplane mechanic in Abeche, Chad, alleged work-related injuries to his hip, lower back and legs.  Employer successfully argued to the administrative law judge... More

Introducing the Loyola Current

The Loyola Maritime Law Journal is now publishing The Loyola Current, a quarterly newsletter discussing emerging issues in maritime law.  As explained by the Journal’s Editor-In-Chief,... More

Second Pivotal Longshore Situs Decision for 2013

The Fifth Circuit recently decided a longshore jurisdiction case based solely on the functional component to situs for an injury occurring on an “adjoining... More