LHWCA, DBA & WHCA
Ninth Circuit Affirms Benefits Review Board’s Finding of Untimely Motion for Reconsideration in LHWCA Case
In a recent Longshore & Harbor Workers’ Compensation Act (LHWCA) case, Zumwalt v. National Steel & Shipbuilding Co., No. 18-72257 (9th Cir. Dec. 20, 2019)... More
United States 5th Circuit Rejects Employee’s Request for Additional LHWCA Benefits
In Bourgeois v. Director, Office of Workers’ Compensation Programs, United States, 2020 WL 29940 (5th Cir. 2020), the United States Court of Appeals for... More
Wisconsin District Court Addresses Different Claims Available to Different Maritime Workers
In a recent case, White v. Fincantieri Bay Shipbuilding, the Wisconsin District Court addressed different claims available to different maritime workers, answering the question:... More
Louisiana Fifth Circuit Court of Appeals Addresses Psychological Compensation Resulting from Physical Injuries
Claims for workers’ compensation benefits, as well as claims arising under the Longshore and Harbor Workers Compensation Act (LHWCA) and the Defense Base Act... More
Supreme Court Bars Punitive Damages for Unseaworthiness
In June, the U. S. Supreme Court issued a significant ruling beneficial to maritime industry. In Dutra Group v. Batterton, the Court resolved a... More
Claim Dismissed Against Employer and Insurance Carrier for Alleged HIPAA Violation
In a recent case, Bowles v. Apro International Inc., the employer was able to obtain a dismissal of the claim because the claimant was... More
Patrick Babin to Present Webinar on Hearing Loss in Defense Base Act
Member Patrick Babin will join Dr. Laurie S. Hebert, Co-Director of Creel Hearing Center, to present an educational webinar, “Presumption of Causation and Hearing... More
U.S. Court has Personal Jurisdiction Over Foreign Ship Management Company
The U.S. Fifth Circuit Court of Appeals recently published an opinion, Carmona v. Leo Ship Management, Inc., addressing the proper jurisdiction of a lawsuit involving... More
Recent Opinion from Eastern District of Louisiana Addresses Litigation Funding Companies
The rise of litigation finance companies is now well-documented, up to and including Hulk Hogan’s lawsuit against Gawker. As noted by the ABA Journal,... More
Penalties Increase for Employers Under the LHWCA
As of January 23, 2019, three monetary penalties for employers under the LHWCA have increased in accordance with the Federal Civil Penalties Inflation Adjustment... More