Author: MBLB News
Louisiana Federal Judge Dismisses Katrina Claim Filed Four Years Too Late
Author: Trevor M. Cutaiar Northshore Apothecary suffered damage to its building in Slidell as a result of Hurricane Katrina. The hurricane damaged both the... More
Fifth Circuit Addresses Both Vessel Owner and Time Charterer Liability Under Section 905(b)
In Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981), the Supreme Court defined a vessel’s duty to longshoremen, holding that... More
New OWCP Bulletin Addresses War Hazards Compensation Act Procedure – Part 2
This post continues the review of OWCP Bulletin No. 12-01, which was issued on October 6, 2011. The Bulletin focuses on the direct payment... More
Section 8(f) Relief Overturned Because of Deficient Record
On October 31, 2005, the claimant sustained a compensable rotator cuff injury and, after a hearing, the Administrative Law Judge (“ALJ”) awarded benefits. The ALJ also... More
Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases
Author: Jon B. Robinson Recently, the United States Court for the Eleventh Circuit addressed the Longshore Act’s exclusivity provision, Section 905(a), as it applied... More
Vessel Owner Breaches Duty to Provide Prompt Medical Treatment
Author: Jacques P. DeGruy Judge Vance of the Eastern District recently entered partial summary judgment in favor of an injured seaman, finding that the... More
Deepwater Horizon A Vessel, Admiralty and OCSLA Jurisdiction Applied, Etc.
On August 26, 2011, Judge Barbier of the Eastern District of Louisiana issued his Order and Reasons in response to various Motions to Dismiss... More
W.D. Wash: Loss of Consortium Available in Unseaworthiness Claim
In an opinion that is interpretive of the landmark decision in Atlantic Sounding Co., Inc. v. Townsend, 129 S.Ct. 2561 (2009), U.S. District Judge... More
Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases
Section 905(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides that an employer’s liability for workers’ compensation benefits to an employee “shall be... More
Workers’ Compensation, Social Security Disability Benefits and Taxation
Author: Jon B. Robinson Generally speaking, workers’ compensation benefits are not taxable. 26 U.S.C. § 104(a)(1). This includes compensation benefits paid under the Longshore... More