Admiralty & Maritime
Legally a Wife But Not Legally Entitled to Benefits
The deceased, a foreign national, married his first wife and with her had four children, who are now adults. He then moved to the... More
More on Cell Phone Use in the Maritime Industry
Making headlines recently was the multi-million dollar settlement of the death and injury claims arising out of the July 7, 2010 collision of the... More
DLHWC’s New Education and Outreach Page
Check out the Division of Longshore and Harbor Workers’ Compensation’s (“DLHWC”) new Education and Outreach webpage. The webpage provides links to presentations given by DLHWC... More
Third Circuit Affirms Denial of Longshore Benefits
Claimant alleged that he injured his wrist and then, in a second incident, his shoulder, spine and back. He returned to work after each... More
DOL Issues Preliminary National Average Weekly Wage Estimates for 10/01/2012
The Department of Labor issued its preliminary estimates for the National Average Weekly Wage change going into effect on October 1, 2012. National Average... More
Clean Water Act: EPA Assesses Pollution Fines and Penalties Against South Louisiana Marine Transportation Company
$525,000 in fines and penalties was assessed recently against an area tug operator/shipyard following its guilty plea earlier this year. Cenac Towing Co. was... More
Unenforced Cell Phone Usage Policy May Prevent Limitation of Liability
An excursion boat carrying 35 passengers stalled and anchored in the Delaware River’s navigational channel. As the boat waited for a tow, a tug... More
The “Substantial Evidence” Test Outlined in a Hearing Loss Case
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... More
Factual Disputes Over Timing Preclude Summary Judgment on McCorpen Defense
United States District Court Judge Lance Africk recently addressed an interesting timing issue in connection with an employer’s McCorpen defense. Plaintiff, Danilo Peralta, sustained... More
New OSHA Rule-Making In Progress: I2P2
The Occupational Safety and Health Administration (OSHA) is in the process of developing new workplace standards that would call upon employers to identify hazards... More