LHWCA, DBA & WHCA
HIPAA and the Longshore Act
Part of the Health Insurance Portability and Accountability Act (“HIPAA”) addresses patient privacy. Certain procedures must be followed when sensitive health information is transferred,... More
Plaintiff’s Assault Lawsuit Dismissed Because the DBA Was His Exclusive Remedy
Plaintiff filed a lawsuit in the Eastern District of Virginia alleging that his supervisor assaulted him while they were both working for a Defense... More
Plaintiffs’ DBA Claims Dismissed By Federal Court For Failure to Exhaust Administrative Remedies
Plaintiffs, both former military subcontractors, sued Employer in federal court, alleging that Employer fired Plaintiffs in retaliation for one of the Plaintiffs filing a... More
Top 5 Longshore Cases of 2013
In this year’s annual list of the top Longshore and Harbor Workers’ Compensation Act (“LHWCA”) cases of 2013, we address situs, settlement standards, average... More
Jumping from a Helicopter Can Be a War-Risk Hazard
A Defense Base Act claimant injured his ankle when he jumped a few inches from a helicopter to the ground below. The injury occurred... More
DFEC Requiring Claimant Statements in War Hazards Claims
In the past few weeks, I received two information requests from the Division of Federal Employees’ Compensation (“DFEC”) in connection with two Applications for Reimbursement submitted... More
The DBA Applies if Claimant Worked Under a Contract “Approved and Financed” by the U.S.
Claimant, an airplane mechanic in Abeche, Chad, alleged work-related injuries to his hip, lower back and legs. Employer successfully argued to the administrative law judge... More
Automatic Longshore Settlement Approvals and the Government Shutdown
Since last week, Longshore practitioners have debated whether Section 8(i) settlement agreements can be automatically approved during the government shutdown. Typically, all Longshore settlements... More
Are Longshore Death Benefits Available to Same-Sex Spouses?
In United States v. Windsor, the Supreme Court of the United States ruled that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. ... More
National Average Weekly Wage Percent Increase for 10/01/2013
The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2013. As... More