LHWCA, DBA & WHCA
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
The Supreme Court Addresses Attorneys Fees and the Lodestar
On April 21, 2010, the Supreme Court of the United States released a significant attorney fee decision: Perdue v. Kenny A. This decision, which... More
Which Court Has Jurisdiction for DBA Claims?
The United States Court of Appeals for the Second Circuit recently addressed the Defense Base Act’s Judicial Proceedings provision, 42 U.S.C. § 1653(b), to determine... More
What is the War Hazards Compensation Act?
In modern warfare, military contractors play a large and vital role in support of the United States military. Based upon the greater presence of... More