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