OALJ Issues Administrative Notice Involving Foreign Parties, Witnesses and Evidence

The OALJ Notice The Office of Administrative Law Judges (“OALJ”) has issued Order 2021-MIS-00006, In Re: Cases Involving Foreign Parties. In this administrative notice issued... More

BRB Affirms Average Weekly Wage Finding in DBA Claim Defended by MBLB

The Benefits Review Board (BRB) recently affirmed the Administrative Law Judge’s (ALJ) finding of average weekly wage in a DBA claim defended by Mouledoux,... More

Insurer-Specific Multi-District Insurance Litigation Uncertain With Scores Of COVID-Related Business Interruption Claims

With so many businesses affected by nationwide shut-downs due to COVID-19 this year, businesses across the country have begun filing “business interruption” claims against... More

Louisiana Fifth Circuit Affirms Finding of Fraud in Workers’ Compensation Matter

The Court of Appeal of Louisiana, Fifth Circuit just released a new decision affirming the finding fraudulent the conduct of a claimant who lied... More

Federal Fifth Circuit Affirms Dismissal of Tort Claim of LHWCA Borrowed Servant Employee

Recently the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the granting of summary judgment in favor of a... More

An Analytical Framework for Defending COVID-19 Claims Under LHWCA

American employers are facing never-before-seen obstacles with managing their businesses because of this national pandemic. With so many workers losing time due to either... More

Ninth Circuit Affirms Benefits Review Board’s Finding of Untimely Motion for Reconsideration in LHWCA Case

In a recent Longshore & Harbor Workers’ Compensation Act (LHWCA) case, Zumwalt v. National Steel & Shipbuilding Co., No. 18-72257 (9th Cir. Dec. 20, 2019)... More

Louisiana Third Circuit Unmoved By Claimants’ False Statements in Workers’ Compensation Case, Affirms Award of Benefits

In a recent workers’ compensation appellate decision from the Louisiana Third Circuit, the employee-claimants’ false statements about drug use, medical history, and medical treatment... More

ALJ Finds Post-Promotion Wages Controlling for DBA Claimant

A recent decision from the Office of Administrative Law Judges (ALJ) in Wells v. Mantech Corp., 2017-LDA-00239 (December 4, 2018) addressed the proper calculation... More

Benefits Review Board Affirms Denial of LHWCA Death Benefits

In a recent case, Hale v. BAE Systems, BRB No. 17-0523 (October 10, 2018), the Benefits Review Board (BRB) affirmed the denial of death... More