Author: Tyler Loga
Illegal Drug Use a Superseding Cause Foreclosing 905(b) Recovery
The opinion of the United States Court of Appeals for the Fifth Circuit in Bommarito v. Belle Chasse Marine Transp., L.L.C., No. 22-30382, 2025... More
Special Fund Payments Will Require Electronic Funds Transfer (“EFT”) for All Future Payments
Article Summary The President issued an executive order requiring the use of electronic disbursements wherever possible to save government resources and combat fraud. LHWCA... More
Removal of Fraud Action Arising from Longshore Compensation Settlement Denied
A recent Longshore case, Homeport Ins. v. McRae, is a cautionary tale for Employers and Carriers to conduct the necessary background checks to verify... More
BRB Dismisses DBA Appeals When Ugandan Claimants Refuse to Attend Medical Examinations
What happens when DBA claimants refuse to attend a defense medial evaluation on the basis that the proposed examiner is not licensed in the... More
Department of Labor Publishes Final Rule on Adjusted Penalties Under 2024 Inflation Adjustment Act
The Department of Labor published a final rule on January 11, 2024, adjusting penalties under the Inflation Adjustment Act for 2024. Annual adjustments to... More
Another U.S. District Court Holds Punitive Damages Available under Longshore Act 905(b) Claim
Judge Lance M. Africk has joined his colleagues of the Eastern District of Louisiana in holding that punitive damages are available to longshoremen and... More
Annual Adjustment to Longshore Penalties Announced by U.S. Department of Labor
The Department of Labor published a final rule on January 13, 2023 adjusting penalties under the Inflation Adjustment Act for 2023. Annual adjustments to penalties... More
Fifth Circuit’s Ruling Clarifies Rules for Fee Shifting Provisions of LHWCA
The Fifth Circuit’s ruling in Ramon Rivera v. Ameri-Force, Inc. has clarified the Circuits’ rules for the fee shifting provisions of 33 U.S.C. §... More
11th Circuit Rules Recreational Vessel Exclusion of Longshore Act Is Inapplicable Where State Compensation Law Doesn’t Apply
In a recent Longshore and Harbor Workers’ Compensation Act (Longshore Act) case, Brizo LLC v. Carbajal, the United States Court of Appeals for the... More
Outer Continental Shelf Employee Injured Onshore Awarded LHWCA Benefits
The United States Court of Appeals for the Fifth Circuit in Owensby & Kritikos, Incorporated, et al. v. Director, Office of Workers’ Compensation Programs... More