Claimant Remained Totally Disabled Despite Labor Market Surveys

The Sixth Circuit published a new Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision discussing Claimant’s vocational ability–or lack of ability–and Employer’s deficient labor... More

DFEC Requiring Claimant Statements in War Hazards Claims

In the past few weeks, I received two information requests from the Division of Federal Employees’ Compensation (“DFEC”) in connection with two Applications for Reimbursement submitted... More

The DBA Applies if Claimant Worked Under a Contract “Approved and Financed” by the U.S.

Claimant, an airplane mechanic in Abeche, Chad, alleged work-related injuries to his hip, lower back and legs.  Employer successfully argued to the administrative law judge... More

Introducing the Loyola Current

The Loyola Maritime Law Journal is now publishing The Loyola Current, a quarterly newsletter discussing emerging issues in maritime law.  As explained by the Journal’s Editor-In-Chief,... More

Automatic Longshore Settlement Approvals and the Government Shutdown

Since last week, Longshore practitioners have debated whether Section 8(i) settlement agreements can be automatically approved during the government shutdown.  Typically, all Longshore settlements... More

Indemnification Argument Fails Due to LOAIA

Author: Kirby P. Blanchard   Hilcorp hired Alliance for plug and abandonment services on a fixed platform in the Gulf of Mexico adjacent to... More

Fall Into Hole Denied by Recreational Use Statute

Author: Patrick J. Babin   Plaintiff was injured while attending a cross country meet on defendant’s (a paper mill) land when she fell into... More

Worker Was Not A Seaman, Could Not Satisfy the 30% Rule

Earlier this week, the Court of Appeals of Maryland discussed “seaman status,” and the distinction between seaman and land-based maritime workers.  The inquiry arose in... More

Are Longshore Death Benefits Available to Same-Sex Spouses?

In United States v. Windsor, the Supreme Court of the United States ruled that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. ... More

National Average Weekly Wage Percent Increase for 10/01/2013

The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2013. As... More