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

Maritime Personal Injury Case Addresses Longshoreman’s Remedy Against Vessel Owner

In a recent case involving a maritime personal injury claim, Anthony v. Deep South Airboats, LLC, a longshore worker’s exclusive remedy against a non-employer... More

Longshore and Harbor Workers’ COVID-19 Compensation Act of 2021

COVID-19 has provided unique and challenging legal issues. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is no exception.[1] Other than a frequently asked questions... More

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

Annual Adjustment to Longshore Rates Published

The annual adjustment to the National Average Weekly Wage and minimum and maximum compensation rates under the Longshore and Harbor Workers’ Compensation Act have... More

Audiologists are “Physicians” Under the Longshore Act

The Benefits Review Board (BRB) has held for the first time that an audiologist is a “physician” within the meaning of the Longshore and... More

Analyzing COVID-19 Claims Under the Longshore & Harbor Workers’ Compensation Act

Members Alan G. Brackett and Daniel P. Sullivan are now co-writing an “Attorney Analysis” column for Reuters Legal News. Their first article, “Analyzing COVID-19... More

Shipowner Violates Scindia’s “Active Control” Duty; Liable to Longshoreman for Over $1MM in Damages

In a recent personal injury lawsuit, Kiwia v. M/V OSLO BULK 9, a stevedore was awarded $1MM for his injuries under 33 U.S.C. §... 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

Jones Act Status Limited – Land-Based Welder Not a Seaman

Since Congress never defined the term “seaman,” the definition of and distinction between employees entitled to benefits under the Longshore and Harbor Worker’s Compensation... More