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

BRB Vacates Award for Pre-Controversion Attorney’s Fees in Hearing Loss Case

The Benefits Review Board (“BRB”) recently entered a Decision and Order reversing an Administrative Law Judge’s (ALJ) award of attorney’s fees on a disputed... More

BRB Affirms Award Widow’s DBA Death Benefits

The Benefits Review Board (“BRB”) recently entered a Decision and Order in Dill v. Service Employees International (BRB No. 18-0014, October 11, 2018), affirming the... More

OALJ Decision Analyzing Average Weekly Wage Important for Defense Base Act Cases

A recent decision from the Office of Administrative Law Judges (OALJ) addressed the interplay between Section 10(i) and Section 10(c) of the Longshore &... More

Fifth Circuit Court of Appeals Affirms Denial of Claimant’s Right to Future LHWCA Benefits

A recent case decided by the Fifth Circuit Court of Appeals, Parfait v. Director, OWCP and Performance Energy Services, has affirmed the denial of Claimant’s... More

Department of Labor Assesses National Average Weekly Wage for Fiscal Year 2019

Based on data compiled by the Bureau of Labor Statistics, the Department of Labor (DOL) has made a final determination of the national average... More