Prosecuting Misrepresentation and Fraud Under the Longshore Act

Section 31 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) contains statutory penalties for misrepresentations made by a LHWCA litigant.  If a claimant... More

Benefits Review Board Agrees that Attorney’s Fees Were Not Owed

In a bit of a no-brainer opinion, the Benefits Review Board affirmed a district director’s denial of attorney’s fees.  In Pittman v. Huntington Ingalls, Inc.,... More

The SSA Can Prorate a Longshore Settlement to Determine the Amount of Monthly Social Security Disability Benefits Owed

After Claimant sustained a work-related injury, he settled his Longshore and Harbor Workers’ Compensation Act claim for a $104,901.54 settlement, which an administrative law judge... More

Follow Navigable Waters on Twitter

Navigable Waters is boldly going where just about everyone else has gone before: Twitter.   The link to the new Twitter feed is here: https://twitter.com/navwaters. ... More

New Maritime Articles on SSRN

In case you are in the mood for some light reading, there are a few new articles at the Social Science Research Network that... More

Airborne Hazards and Open Burn Pit Registry Questionnaire

The Department of Veterans Affairs extended the deadline for public comments about its burn pit questionnaire.  Although the VA’s focus is on veterans, I... More

Ninth Circuit Agreed that Deficient Evidence Could Not Support Hourly Rate Request

The Ninth Circuit recently approved a reduction in claimed attorney’s fees due to a lack of competent evidence.  Following the reduction, the Claimant’s attorney argued... More

Fourth Circuit Reasons that Prior Attorney Fee Awards May Serve as a “Barometer” for the Prevailing Market Rate

The Fourth Circuit issued a new Black Lungs Benefits Act (“BLBA”) decision that is also particularly important for Longshore and Harbor Workers’ Compensation Act... More

Negligence Per Se

Ordinarily, in a maritime case involving personal injury or property damage, the issue of liability is dependent upon whether the defendant owed a duty... More

Ninth Circuit: Intoxicated Longshoreman Not Entitled to Benefits

On July 26, 2013, the Ninth Circuit published a new Longshore and Harbor Workers’ Compensation opinion addressing injuries “occasioned solely by” intoxication.  The facts... More