LHWCA, DBA & WHCA
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
Maritime Personal Injury Case Addresses Longshoreman’s Remedy Against Vessel Owner
In a recent case involving a maritime personal injury claim, Anthony v. Deep South Airboats, LLC, a longshore worker’s exclusive remedy against a non-employer... More
Longshore and Harbor Workers’ COVID-19 Compensation Act of 2021
COVID-19 has provided unique and challenging legal issues. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is no exception.[1] Other than a frequently asked questions... More
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