Fifth Circuit: No Right to Restitution for Maintenance and Cure Payments

When Plaintiff was hired, he completed a pre-employment medical questionnaire.  Plaintiff failed to disclose his serious preexisting back problems, affirmatively answering “no” to several... More

No Proof, No Law, No Punitive Damages

On February 15, 2012, Judge Brown, on the bench for the United States District Court in New Orleans, issued an interesting opinion in the... More

Federal Court Vacates “K.S.,” the Benefits Review Board’s Seminal Average Weekly Wage Opinion

In 2009, the Benefits Review Board (“BRB”) issued a very important decision detailing how to calculate an injured Defense Base Act (“DBA”) worker’s average weekly... More

Non-Signatory to Contract Bound By Arbitration Clause

With increasing frequency, mandatory arbitration clauses are being written into maritime contracts.  You may have run across them in charter parties, towage and salvage... More

Fifth Circuit Addresses Dual Capacity Employers and the “Something More” Factors

Plaintiff was employed as a crane operator by Defendant, which was both the vessel owner and the contractor of a crane.  The crane developed... More

Eleventh Circuit Defines “Navigable Waters”

The Eleventh Circuit answered a question “almost as old as the doctrine of admiralty jurisdiction itself.”  The question: what are navigable waters?  According to... More

Fifth Circuit Issues Decision Strictly Construing Section 28(b) Attorneys Fees

Claimant injured his ankle at work on October 7, 2004, and Employer paid temporary total disability benefits from October 8, 2004 through June 13,... More

The Fifth Circuit Explains the Application of Maritime Law to Jack-Up Rigs and Removal of OCSLA Claims

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf (“OCS”),... More

FECA Bulletin No. 13-01 Changes How to Administer DBA and WHCA Claims

On January 29, 2013, the Division of Federal Employees’ Compensation (“DFEC”) published FECA Bulletin No. 13-01.  This Bulletin will  change how we all administer or adjudicate Defense Base... More

Brown-Water Seaman’s Alleged Injury Was Outside Course and Scope of Employment

In Shoffner v. State, a Washington state appellate court was asked to determine the status of ferry worker injured while walking to her vessel... More