Ninth Circuit: Intoxicated Longshoreman Not Entitled to Benefits

On July 26, 2013, the Ninth Circuit published a new Longshore and Harbor Workers’ Compensation opinion addressing injuries “occasioned solely by” intoxication.  The facts... More

Solicitor’s Arguments Rejected in Settlement Approval Order

This post addresses a really interesting settlement order.  Two represented parties attempted to enter into a settlement.  The District Director disapproved the settlement on... More

Preliminary NAWW Estimates for October 1, 2013

The Department of Labor issued its preliminary estimates for the new National Average Weekly Wage, which is scheduled to take effect on October 1, 2013.  These... More

Hybrid Semi-Submersible Drilling Rig/Spar Not a Vessel

Plaintiffs filed suit against the ATP Titan in rem asserting a maritime lien for unpaid costs and services. Defendant, the ATP Titan filed a... More

Physically Returning To Work Is Not Enough To Establish As a “Qualified” Disabled Person for Disability Discrimination Claim

Hercules Liftboat Co., LLC hired plaintiff, a female, to serve as the cost controller/estimator in its Gulf of Mexico Dry Dock Department. She was... More

In a Longshore or DBA Case, What Should Be the Geographic Boundaries for the Relevant Labor Market in Alaska?

Alaska is the largest state in the United States, over twice the size of Texas.  It is larger than the combined area of the... More

Supreme Court Overturns the Port of Los Angeles’s Placard Requirement

From the Supreme Court’s syllabus in American Trucking Associations, Inc.  v. City of Los Angeles, California: The Port of Los Angeles, a division of... More

The DSM-5’s New PTSD Diagnostic Criteria

The American Psychiatric Association finally published the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, commonly known as the DSM-5.  Changes... More

Supreme Court Refuses to Review Minton. Punitive Damages Are Not Available Under the LHWCA.

Yesterday the Supreme Court of the United States denied certiorari in Minton v. Exxon Mobil Corp.  That means that the Court will not review... More

Great Article About ALJ Orders Posted on LexisNexis’ Workers’ Compensation Law Community

Yelena Zaslavskaya, Senior Attorney for Longshore, OALJ, posted a great article on LexisNexis’ Workers’ Compensation Law Community entitled “Compensation Orders in Litigated LHWCA Claims: What... More