Author: Katie Fox
Wilton E. Bland, IV and Katie L. Fox Successfully Raise Timeliness Issue Pursuant to the BRB’s Dominguez Ruling to Dismiss Claimant’s Appeal
Earlier this year, the Benefits Review Board found that the thirty-day deadline to file an appeal in Section 21(a) is a claim-processing rule, meaning... More
Louisiana Supreme Court Amends Rules for Continuing Legal Education to Increase Age
To maintain one’s license to practice law in Louisiana, an attorney must complete 12.5 hours of continuing legal education (CLE). Previously, once an attorney... More
Longshore Claims: Lack of Credibility and the Impact on the Weight of Medical Evidence
In Longshore claims, once a claimant establishes a prima facie case, he is afforded the Section 20(a) presumption that his alleged injury is causally... More
Claimant Entitled to Additional Compensation under Section 14(e) of LHWCA Based on Interpretation of “Filing” Form LS-207 under Section 14(d)
The Benefits Review Board (BRB) recently ruled in Fowler v. M.T.C. that a claimant was entitled to additional compensation under Section 14(e) of the... More
Tort Claim Precluded by Louisiana Workers’ Compensation in Summary Judgment
The Louisiana Supreme Court recently found that a tort claim was precluded by Louisiana Workers’ Compensation. Octavio Diaz-Molina v. Walter C. Flower, III, highlights... More
Arkansas Appellate Court Provides Clarity on Meaning of “Due and Payable” Under LHWCA
Under Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), “[n]o assignment, release, or commutation of compensation or benefits due or payable... More
OALJ Finds Employee Exposed to COVID-19 at Work Had Compensable Work Injury Under LHWCA
In Stanford Locus v. Huntington Ingalls Industries, the U.S. Department of Labor Administrative Law Judge (OALJ) in the Newport News, Virginia District Office found... More