LHWCA, DBA & WHCA
An Analytical Framework for Defending COVID-19 Claims Under LHWCA
American employers are facing never-before-seen obstacles with managing their businesses because of this national pandemic. With so many workers losing time due to either... More
Louisiana Supreme Court Grants Writ Application and Summary Judgment in Personal Injury Case Due to Lack of Sufficient Medical Evidence on Causation
On March 16, 2020, the Louisiana Supreme Court released a short opinion with significant application to personal injury litigation in Louisiana. Davis v. A... More
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