Arbitration Provision in Salvage Contract Binding

A vessel owner, Farnsworth, brought action against a towboat company, seeking a preliminary injunction to prevent the towboat company from enforcing the arbitration clause... More

Is the McCorpen Defense Preserved For Subsequent Employers?

Under the doctrine commonly referred to as the McCorpen defense, a seaman can be denied his rights to maintenance and cure. In order to... More

Elsewhere, in…: Florida

The State of Florida has implemented several measures aimed at curbing prescription drug abuse. One measure was a Prescription Drug Monitoring Program that created... More

Employee’s Testimony Supports Employment Related Injury

Claimant was employed as a produce clerk when he alleged that he injured his back while lifting a box of apples.  The OWC found... More

Appellate Court Affirms Denial of Motion to Annul Settlement

Claimant was exposed to mustard gas while working for Employer.  He filed a tort suit, which he settled in 1999.  He also signed a... More

United States Leads World in Windstorm Damage Claims

On the eve of the tenth anniversary of Hurricane Katrina’s landfall on the U.S. Gulf Coast, insurer Allianz Global Corporate & Specialty (AGCS) has... More

Borrowed Servant Doctrine Does Not Equate to Assignment Change

To qualify for seaman status a worker must establish that his duties “contribute to the function of the vessel or to the accomplishment of... More

Sanctions Awarded for Failing to Appear for Deposition

Due to injuries allegedly suffered in an automobile accident, plaintiff filed suit against the driver, the driver’s employer and insurance company. During discovery, plaintiff... More

Elsewhere, in…: Mississippi

In Averitt Express, Inc. v. Collins, 2015 WL 4485586 (Ms. Ct. App. 2015), an applicant’s job offer was contingent on his passing a physical,... More