LHWCA, DBA & WHCA
Child Support and Longshore/DBA Benefits
An oft-asked question is whether child support payments can be garnished from Longshore and Harbor Workers’ Compensation Act (“LHWCA”) or Defense Base Act (“DBA”) workers’ compensation... More
Legally a Wife But Not Legally Entitled to Benefits
The deceased, a foreign national, married his first wife and with her had four children, who are now adults. He then moved to the... More
DOL Issues Preliminary National Average Weekly Wage Estimates for 10/01/2012
The Department of Labor issued its preliminary estimates for the National Average Weekly Wage change going into effect on October 1, 2012. National Average... More
The “Substantial Evidence” Test Outlined in a Hearing Loss Case
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... More
Claimant’s “Second Claim” Did Not Entitle Him to Section 28(a) Attorney’s Fees
After the claimant suffered an ankle injury on October 7, 2004, the employer began paying temporary total disability (“TTD”) benefits immediately, until June 13, 2005. ... More
Does the Director Have a New Interpretation of Section 28(b)? Or Just a New Litigating Position?
A recent Court of Appeals filing from the Director of the Office of Workers’ Compensation Programs raises questions about whether the Director has a... More
What is Reimbursable Under the War Hazards Compensation Act? And When is it Reimbursable?
The Defense Base Act (“DBA”) is a system of federal workers’ compensation applied to United States contractors working abroad on U.S. bases or pursuant... More
New OWCP Bulletin Addresses War Hazards Compensation Act Procedure – Part 2
This post continues the review of OWCP Bulletin No. 12-01, which was issued on October 6, 2011. The Bulletin focuses on the direct payment... More
Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases
Section 905(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides that an employer’s liability for workers’ compensation benefits to an employee “shall be... More
Bridge Vacuumer Was Not a Longshoreman
Claimant’s main duty in his employment with employer was to vacuum debris which fell into a containment area on a bridge over the Ohio... More