DOL Issues Maximum and Minimum Compensation Rates Under LHWCA

U.S. Department of Labor Issues Notice No. 194 Maximum and Minimum Compensation rates Adjusted Effective October 1, 2022 The annual adjustment to the National... More

Ninth Circuit Approves Suspension of Benefits for Claimant Who Refuses to Attend Defense Medical Evaluation

In a recent longshore case, Miken v. ICTSI Oregon, Inc., No. 20-71272 (Ninth Cir. January 13, 2022), the Ninth Circuit approved the suspension of benefits... More

U.S. Fifth Circuit Affirms Decision Finding Violation of “Active Control Duty” under Scindia

On July 28, 2022, the U.S. Fifth Circuit affirmed a finding by the United States District Court for the Eastern District of Louisiana that... More

Decisions in 2021 Offer Insight Into Courts’ Treatment of Longshore Claims Under § 905(b)

Member Alan G. Brackett is a writer for the “Attorney Analysis” column for Reuters Legal News. His most recent article, “Decisions in 2021 offer insight into... More

A Cautionary Tale to Attorneys Prosecuting Cases Under the Defense Base Act

A recent decision should serve as a cautionary tale to attorneys prosecuting cases under the Defense Base Act and as a roadmap for defense... More

Wrap-up: ABA TIPS Workers’ Compensation and Employers’ Liability Mid-Winter Conference

The ABA Tort Trial and Insurance Practice Section (TIPS) Workers’ Compensation and Employers’ Liability Mid-Winter Conference was held on March 4-5 in New Orleans,... More

Annual Adjustment to Longshore Penalties Announced by U.S. Department of Labor

The Department of Labor published a final rule on January 14, 2022 adjusting penalties under the Inflation Adjustment Act for 2022. Annual adjustments to penalties... More

Fifth Circuit’s Ruling Clarifies Rules for Fee Shifting Provisions of LHWCA

The Fifth Circuit’s ruling in Ramon Rivera v. Ameri-Force, Inc. has clarified the Circuits’ rules for the fee shifting provisions of 33 U.S.C. §... More

Employer Obligations in Administering COVID-19 Vaccine Mandates

Members Alan G. Brackett and Daniel P. Sullivan are now co-writing an “Attorney Analysis” column for Reuters Legal News. Their article, “Employer Obligations in... More

11th Circuit Rules Recreational Vessel Exclusion of Longshore Act Is Inapplicable Where State Compensation Law Doesn’t Apply

In a recent Longshore and Harbor Workers’ Compensation Act (Longshore Act) case, Brizo LLC v. Carbajal, the United States Court of Appeals for the... More