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

BRB Affirms Average Weekly Wage Finding in DBA Claim Defended by MBLB

The Benefits Review Board (BRB) recently affirmed the Administrative Law Judge’s (ALJ) finding of average weekly wage in a DBA claim defended by Mouledoux,... More

Fifth Circuit Rejects Implication of Vessel Owner’s “Turnover Duty” Where Hazard Was Open and Obvious in LHWCA Case

In re Ecoserv, LLC, 2021 U.S. Dist. LEXIS 570, 2021 WL 26953 (La. App. 5 Cir.  01/04/21), Plaintiff-in-Limitation, Ecoserv, filed a Motion for Summary... More

Eleventh Circuit Reaffirms District Court Decision in LHWCA Claim Against Vessel Under 905(b)

In a recent Longshore and Harbor Workers’ Compensation Act (LHWCA) case, the United States Court of Appeals for the Eleventh Circuit reaffirmed its recent... More

2021 Loyola College of Law Annual Longshore Conference Goes Virtual; Alan Brackett and Patrick Babin to Represent MBLB

Loyola University New Orleans College of Law has announced its 2021 Annual Longshore Conference presented in conjunction with the U.S. Department of Labor, will be... More

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