Bridge Vacuumer Was Not a Longshoreman

Claimant’s main duty in his employment with employer was to vacuum debris which fell into a containment area on a bridge over the Ohio... More

Coast Guard Policy Letter Admissible to Interpret Statute

According to 46 U.S.C. § 8104(h), a licensed mariner may not work more than 12 hours in a consecutive 24-hour period.  This is commonly... More

SCOTUS Addresses Fee Shifting in Fox v. Vice

On Monday, the Supreme Court of the United States issued its opinion in Fox v. Vice, a civil rights attorney fee case.  In Fox,... More

General Jurisdiction Statement Supported Rule 9(h) Election

Plaintiff brought suit alleging general maritime law and admiralty jurisdiction, along with a prayer for a trial by jury.  Defendant argued that Plaintiff was... More

BRB: Error to Adjust Comp Rate Based on Planned Departure from Afghanistan

Claimant, a Defense Base Act (“DBA”) employee working as a security guard in Afghanistan, injured his back in the course of his work-related training. ... More

Workers’ Compensation, Social Security Disability Benefits, and Taxation

Generally speaking, workers’ compensation benefits are not taxable.  26 U.S.C. § 104(a)(1).  This includes compensation benefits paid under the Longshore and Harbor Worker’s Compensation... More

In Workers’ Comp Claim, Provision of Surveillance Video to Non-Court Appointed Physicians is Permissable

Author: Trevor Cutaiar   The claimant, Wendy Ward, suffered a hand injury while working at Iberia Medical Center.  Her personal physician referred her to... More

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In an unpublished decision, the Ninth Circuit determined that a commercial diver qualified for coverage under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).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