Admiralty & Maritime
In a Longshore or DBA Case, What Should Be the Geographic Boundaries for the Relevant Labor Market in Alaska?
Alaska is the largest state in the United States, over twice the size of Texas. It is larger than the combined area of the... More
Supreme Court Overturns the Port of Los Angeles’s Placard Requirement
From the Supreme Court’s syllabus in American Trucking Associations, Inc. v. City of Los Angeles, California: The Port of Los Angeles, a division of... More
The DSM-5’s New PTSD Diagnostic Criteria
The American Psychiatric Association finally published the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, commonly known as the DSM-5. Changes... More
Supreme Court Refuses to Review Minton. Punitive Damages Are Not Available Under the LHWCA.
Yesterday the Supreme Court of the United States denied certiorari in Minton v. Exxon Mobil Corp. That means that the Court will not review... More
BRB Addresses Section 33 and Borrowing Employers
Claimant, a resident of the United Kingdom, was injured while working overseas for a Defense Base Act (“DBA”) contractor. Carrier paid DBA benefits to... More
BRB: Claimant’s Security Guard Job Was Not Maritime Employment
Claimant worked for Employer as a security guard. During the regular work week, Claimant manned the entry gates. On weekends, his security rounds happened... More
The Seaman’s Protection Act, 46 U.S.C. 2114
Enacted by Congress in 1984, the Seaman’s Protection Act was “intended to facilitate Coast Guard enforcement of maritime regulations . . . by guaranteeing... More
Fifth Circuit: ALJs Can Average Audiograms to Determine the Extent of Disability
When Claimant worked as a longshoreman for eighteen years, he operated heavy equipment and was exposed to loud machinery noises. An otolaryngologist appointed by... More
BP Oil Spill: U.S. District Court Bars Oyster Claims Against Non-BP Defendants Where Claimants Did Not Opt Out of Class Settlement in Master BP Case
Following the BP oil spill, the State of Louisiana constructed a massive sand barrier off its Gulf coast to protect its fragile wetlands. The... More
Great Article About ALJ Orders Posted on LexisNexis’ Workers’ Compensation Law Community
Yelena Zaslavskaya, Senior Attorney for Longshore, OALJ, posted a great article on LexisNexis’ Workers’ Compensation Law Community entitled “Compensation Orders in Litigated LHWCA Claims: What... More