Legally a Wife But Not Legally Entitled to Benefits

The deceased, a foreign national, married his first wife and with her had four children, who are now adults.  He then moved to the... More

Third Circuit Affirms Denial of Longshore Benefits

Claimant alleged that he injured his wrist and then, in a second incident, his shoulder, spine and back.  He returned to work after each... More

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

No Harm, No Foul For Naming Incorrect Defendant in Lawsuit

Author: Tyler A. Moore Plaintiff was a guest at the Clarion Hotel in Alexandria when she allegedly tripped over an uneven surface while walking... More

Unless Confirmed by Court, Arbitration Award Cannot Preclude Future Litigation

Author: Wilton E. Bland, IV Louisiana’s First Circuit Court of Appeals recently addressed the application of res judicata in the context of an unconfirmed... 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

Slip-And-Fall Plaintiff Successful In Negligence Suit Against Restaurant

Author: Trevor M. Cutaiar 68-year-old Cora Ann Ball (“plaintiff”) injured her right shoulder, neck and low back in a slip-and-fall accident at a local cafateria. ... More

Claimant’s “Second Claim” Did Not Entitle Him to Section 28(a) Attorney’s Fees

After the claimant suffered an ankle injury on October 7, 2004, the employer began paying temporary total disability (“TTD”) benefits immediately, until June 13, 2005. ... More

Does the Director Have a New Interpretation of Section 28(b)? Or Just a New Litigating Position?

A recent Court of Appeals filing from the Director of the Office of Workers’ Compensation Programs raises questions about whether the Director has a... More