LHWCA, DBA & WHCA
OALJ Issues Administrative Notice Involving Foreign Parties, Witnesses and Evidence
The OALJ Notice The Office of Administrative Law Judges (“OALJ”) has issued Order 2021-MIS-00006, In Re: Cases Involving Foreign Parties. In this administrative notice issued... More
Annual Adjustment to Longshore Rates Published
The annual adjustment to the National Average Weekly Wage and minimum and maximum compensation rates under the Longshore and Harbor Workers’ Compensation Act have... More
Audiologists are “Physicians” Under the Longshore Act
The Benefits Review Board (BRB) has held for the first time that an audiologist is a “physician” within the meaning of the Longshore and... More
Analyzing COVID-19 Claims Under the Longshore & Harbor Workers’ Compensation Act
Members Alan G. Brackett and Daniel P. Sullivan are now co-writing an “Attorney Analysis” column for Reuters Legal News. Their first article, “Analyzing COVID-19... More
Shipowner Violates Scindia’s “Active Control” Duty; Liable to Longshoreman for Over $1MM in Damages
In a recent personal injury lawsuit, Kiwia v. M/V OSLO BULK 9, a stevedore was awarded $1MM for his injuries under 33 U.S.C. §... More
Outer Continental Shelf Employee Injured Onshore Awarded LHWCA Benefits
The United States Court of Appeals for the Fifth Circuit in Owensby & Kritikos, Incorporated, et al. v. Director, Office of Workers’ Compensation Programs... More
Jones Act Status Limited – Land-Based Welder Not a Seaman
Since Congress never defined the term “seaman,” the definition of and distinction between employees entitled to benefits under the Longshore and Harbor Worker’s Compensation... More
BRB Affirms Average Weekly Wage Finding in DBA Claim Defended by MBLB
The Benefits Review Board (BRB) recently affirmed the Administrative Law Judge’s (ALJ) finding of average weekly wage in a DBA claim defended by Mouledoux,... More
Fifth Circuit Rejects Implication of Vessel Owner’s “Turnover Duty” Where Hazard Was Open and Obvious in LHWCA Case
In re Ecoserv, LLC, 2021 U.S. Dist. LEXIS 570, 2021 WL 26953 (La. App. 5 Cir. 01/04/21), Plaintiff-in-Limitation, Ecoserv, filed a Motion for Summary... More
Eleventh Circuit Reaffirms District Court Decision in LHWCA Claim Against Vessel Under 905(b)
In a recent Longshore and Harbor Workers’ Compensation Act (LHWCA) case, the United States Court of Appeals for the Eleventh Circuit reaffirmed its recent... More