What Are “War-Risk Hazards”?

One of the mandatory prerequisites for coverage or reimbursement under the War Hazards Compensation Act is the requirement that the contractor’s injury must have... More

Louisiana State Employee May Sue Under Jones Act and General Maritime Law

Author: Jon B. Robinson In a recent case issued by the Court of Appeals of Louisiana, Fourth Circuit, a plaintiff employed by the State... More

Commercial Diver Was A Longshoreman

In an unpublished decision, the Ninth Circuit determined that a commercial diver qualified for coverage under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). ... More

“Greater Compensation” and a Higher AWW Calculation

Recently, the Fifth Circuit again addressed Section 28(b) attorneys fees under the Longshore and Harbor Workers Compensation Act.  In Carey v. Ormey Primary Aluminum... More

Ninth Circuit Publishes Significant Last Responsible Employer Decision

The Ninth Circuit published a new last responsible employer decision based on a mesothelioma death benefits claim made pursuant to Section 9 of the Longshore... 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In an unpublished decision, the Fifth Circuit affirmed a district court’s denial of maintenance and cure benefits, and punitive damages, against a claimant’s former...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