Presumptions in General Maritime Law

The General Maritime Law in the United States has evolved, not from a codified body of laws or rules, but from a case by... More

A McCorpen Defense Has Only Three Elements

In an unpublished decision, the Fifth Circuit affirmed a district court’s denial of maintenance and cure benefits, and punitive damages, against a claimant’s former... More

A Section 10(f) Increase Is “Greater Compensation”

In a new published opinion, the Benefits Review Board determined that claimant’s counsel was entitled to shifting attorneys fees because an award of Section 10(f) increases amounted... More

New York: Concurrent Jurisdiction for State Comp and LHWCA Claims

A dock builder was injured when he fell while stepping from a pier onto a barge.  He applied for benefits under New York’s state workers’... More

What is Commutation and How is it Calculated?

Commutation is a procedural remedy whereby an insurance carrier may reduce specific Longshore and Harbor Workers Compensation Act (“LHWCA”) or Defense Base Act (“DBA”)... More

Under LHWCA, State Law Controls Allocation of Fault to Non-Maritime Third Party

In Jowers v. Lincoln Elec. Co., — F.3d —-, 2010 WL 3341651 (5th Cir. 2010), Plaintiff, a supervisor and foreman for Ingalls, a shipbuilding contractor, instituted in  the... More

Contribution, Assignment and Allision in General Maritime Claims

On the morning of February 28, 2008, two drifting barges belonging to U.S. United Bulk Terminal, LLC and its related entities (“United”) struck and... More

What Should I Do When…My Opponent’s Witness Preparation Turned Into Woodshedding

Litigation has been defined as the process of resolving public and private disputes with the help of the courts.  There is a difference, of... More

Negligent Allision of Moving Vessel With Stationary Vessel

Plaintiff, a yacht broker and expert fishing vessel operator, planned a weekend fishing trip with friends aboard the 29-foot M/V Tuner.  A tropical storm delayed... More

U.S. Department of Labor Releases New AWW Estimates

The U.S. Department of Labor, Division of Longshore and Harbor Workers’ Compensation,  recently released a preliminary estimate of the national average weekly wage for the period commencing... More