Fifth Circuit Addresses Both Vessel Owner and Time Charterer Liability Under Section 905(b)

In Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981), the Supreme Court defined a vessel’s duty to longshoremen, holding that... More

New OWCP Bulletin Addresses War Hazards Compensation Act Procedure – Part 2

This post continues the review of OWCP Bulletin No. 12-01, which was issued on October 6, 2011.  The Bulletin focuses on the direct payment... More

Section 8(f) Relief Overturned Because of Deficient Record

On October 31, 2005, the claimant sustained a compensable rotator cuff injury and, after a hearing, the Administrative Law Judge (“ALJ”) awarded benefits.  The ALJ also... More

Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases

Author: Jon B. Robinson Recently, the United States Court for the Eleventh Circuit addressed the Longshore Act’s exclusivity provision, Section 905(a), as it applied... More

Vessel Owner Breaches Duty to Provide Prompt Medical Treatment

Author: Jacques P. DeGruy Judge Vance of the Eastern District recently entered partial summary judgment in favor of an injured seaman, finding that the... More

Deepwater Horizon A Vessel, Admiralty and OCSLA Jurisdiction Applied, Etc.

On August 26, 2011, Judge Barbier of the Eastern District of Louisiana issued his Order and Reasons in response to various Motions to Dismiss... More

W.D. Wash: Loss of Consortium Available in Unseaworthiness Claim

In an opinion that is interpretive of the landmark decision in Atlantic Sounding Co., Inc. v. Townsend, 129 S.Ct. 2561 (2009), U.S. District Judge... More

Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases

Section 905(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides that an employer’s liability for workers’ compensation benefits to an employee “shall be... More

Workers’ Compensation, Social Security Disability Benefits and Taxation

Author: Jon B. Robinson Generally speaking, workers’ compensation benefits are not taxable.  26 U.S.C. § 104(a)(1).  This includes compensation benefits paid under the Longshore... More

Louisiana: A State Employee May Sue Louisiana Under the Jones Act

On July 1, 2011, the Supreme Court of Louisiana held that Louisiana waived its sovereign immunity from suit for injury to persons, and that... More