Ninth Circuit Declines to Hold Employers and Carriers Responsible for Incidental Financial Consequences Caused by Delayed Compensation Under DBA

The United States Court of Appeals for the Ninth Circuit recently found in favor of employers and carriers when it comes to the financial... 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

Department of Labor Sets National Average Weekly Wage

The Department of Labor (DOL) issued Industry Notice 182 setting the National Average Weekly Wage (NAWW), maximum and minimum compensation rates, and annual adjustments... More

Fifth Circuit Judge Authors Important Special Concurrence to Own Opinion in Seaman Status Case

Fifth Circuit Judge W. Eugene Davis authored an important special concurrence to his own opinion in a seaman status case, Sanchez v. Smart Fabricators of... More

Organizational Changes at the Department of Labor

The U.S. Department of Labor announced that the Division of Longshore and Harbor Workers’ Compensation (DLHWC) and the Division of Federal Employees’ Compensation (DFEC)... More

Louisiana’s Suspended Legal Deadlines under COVID-19

At the start of the Coronavirus outbreak, which hit Louisiana and the Greater New Orleans Area particularly hard, Louisiana’s governor took action to suspend... More

DLHWC Implements Several New Procedures

The United States Department of Labor, Office of Workers’ Compensation Programs (OWCP), Division of Longshore and Harbor Workers’ Compensation (DLHWC) has implemented a series... 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

Louisiana Supreme Court Grants Writ Application and Summary Judgment in Personal Injury Case Due to Lack of Sufficient Medical Evidence on Causation

On March 16, 2020, the Louisiana Supreme Court released a short opinion with significant application to personal injury litigation in Louisiana. Davis v. A... 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