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

Denial of Maintenance and Cure Results in Large Punitive Damage Award

In 2009, the U.S. Supreme Court sent shock waves through the maritime industry and legal community when it ruled that a Jones Act employer... More

Highlights from the Signal Maritime Conference 2012

Another successful Signal Maritime Conference was held in Philadelphia this year, with knowledgeable and informed speakers discussing a wide variety of interesting and relevant... More

DBA Settlements Can Be Based on a Peer Review Medical Report

Claimant appealed the decision of an Administrative Law Judge (“ALJ”) who approved Claimant’s Section 8(i) settlement agreement.  Claimant, a Defense Base Act employee, was injured when... More

Collateral Source Rule Does Not Apply to Cure Expenses; Attorney’s Fee Claim Reversed

It is well established under the General Maritime Law that a seaman who becomes injured or ill while in the service of the vessel... More