How Does DLHWC Divide Longshore Death Benefits Between Spouse and Child When the Maximum Compensation Rate Applies?

Today’s post discusses different methods employed by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (“DLHWC”) for the calculation of death... More

No Work-Related Stress Claims Under the Jones Act, Says 11th Circuit

William Skye worked a lot.  A whole lot.  Skye worked between 90 and 105 hours per week for 70 to 84 days at a... More

Fortuity Doctrine Prevented Coverage for Known Loss Following Boating Accident

The Fifth Circuit recently issued an unpublished decision discussing the application of the “fortuity doctrine” under Texas Law.  The underlying lawsuit involved a boating... More

Supreme Court Petition Filed in Dize v. Association of Maryland Pilots

On April 18, 2014, counsel for Jennifer Dize, the personal representative of the Estate of William Smith Dize, filed a interesting and very well-written... More

Military Contractors Are a Way of Life, Now and in the Future

How important are contractors to the Department of Defense?  Very.  Contractors are indispensable.  According to the Congressional Research Service (“CRS”), “the military is unable... More

Removal of a General Maritime Claim

A recent amendment to the widely-utilized removal statute, 28 U.S.C § 1441, now allows for removal of a general maritime law claim to federal... More

BRB: ALJs are Not Required to Use K.S. to Calculate Average Weekly Wage

The Benefits Review Board (“BRB”) recently discussed average weekly wage calculations in an unpublished Defense Base Act decision.  In Hamidzada v. Mission Essential Personnel,... More

Summary of the 1972 Amendment to the Longshore Act Regarding Attorneys’ Fees

It is sort of a slow news day, so here is a little slice of history.  In 1972, the Longshore and Harbor Workers’ Compensation... More

Summary Judgment Was Not Appropriate in Jones Act Case Against Louisiana

Plaintiff worked on a ferry boat operated by the State of Louisiana, Department of Transportation and Development.  On August 1, 2007, she slipped and... More

The BRB Went on an Attorney Fee Tear in Early 2014

Did anyone else notice that the Benefits Review Board went on a tear in January and February 2014 with respect to Longshore attorney fee... More