Workers’ Compensation, Social Security Disability Benefits, and Taxation

Generally speaking, workers’ compensation benefits are not taxable.  26 U.S.C. § 104(a)(1).  This includes compensation benefits paid under the Longshore and Harbor Worker’s Compensation... More

What Are “War-Risk Hazards”?

One of the mandatory prerequisites for coverage or reimbursement under the War Hazards Compensation Act is the requirement that the contractor’s injury must have... More

“Greater Compensation” and a Higher AWW Calculation

Recently, the Fifth Circuit again addressed Section 28(b) attorneys fees under the Longshore and Harbor Workers Compensation Act.  In Carey v. Ormey Primary Aluminum... More

DOL-Joint Bar Association, Inc. Formed

A group of maritime practitioners, both representing injured workers, and employers and insurance carriers, who handle claims before the United States Department of Labor’s... More

Ninth Circuit Publishes Significant Last Responsible Employer Decision

The Ninth Circuit published a new last responsible employer decision based on a mesothelioma death benefits claim made pursuant to Section 9 of the Longshore... More

A Section 10(f) Increase Is “Greater Compensation”

In a new published opinion, the Benefits Review Board determined that claimant’s counsel was entitled to shifting attorneys fees because an award of Section 10(f) increases amounted... More

New York: Concurrent Jurisdiction for State Comp and LHWCA Claims

A dock builder was injured when he fell while stepping from a pier onto a barge.  He applied for benefits under New York’s state workers’... More

What is Commutation and How is it Calculated?

Commutation is a procedural remedy whereby an insurance carrier may reduce specific Longshore and Harbor Workers Compensation Act (“LHWCA”) or Defense Base Act (“DBA”)... More

Under LHWCA, State Law Controls Allocation of Fault to Non-Maritime Third Party

In Jowers v. Lincoln Elec. Co., — F.3d —-, 2010 WL 3341651 (5th Cir. 2010), Plaintiff, a supervisor and foreman for Ingalls, a shipbuilding contractor, instituted in  the... More

U.S. Department of Labor Releases New AWW Estimates

The U.S. Department of Labor, Division of Longshore and Harbor Workers’ Compensation,  recently released a preliminary estimate of the national average weekly wage for the period commencing... More