Author: MBLB News
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In an unpublished decision, the Ninth Circuit determined that a commercial diver qualified for coverage under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).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In an unpublished decision, the Fifth Circuit affirmed a district court’s denial of maintenance and cure benefits, and punitive damages, against a claimant’s former...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
What Should I Do When…My Opponent’s Witness Preparation Turned Into Woodshedding
Litigation has been defined as the process of resolving public and private disputes with the help of the courts. There is a difference, of... More
Negligent Allision of Moving Vessel With Stationary Vessel
Plaintiff, a yacht broker and expert fishing vessel operator, planned a weekend fishing trip with friends aboard the 29-foot M/V Tuner. A tropical storm delayed... More