Admiralty & Maritime
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