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News

Commercial Diver Was A Longshoreman

In an unpublished decision, the Ninth Circuit determined that a commercial diver qualified for coverage under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). ... More

Property Damage Counterclaim Forbidden By Jones Act

The Seventh Circuit Court of Appeals recently ruled on whether a property damage counterclaim in a Jones Act personal injury suit was an impermissible... More

“Greater Compensation” and a Higher AWW Calculation

Recently, the Fifth Circuit again addressed Section 28(b) attorneys fees under the Longshore and Harbor Workers Compensation Act.  In Carey v. Ormey Primary Aluminum... More

DOL-Joint Bar Association, Inc. Formed

A group of maritime practitioners, both representing injured workers, and employers and insurance carriers, who handle claims before the United States Department of Labor’s... More

Ninth Circuit Publishes Significant Last Responsible Employer Decision

The Ninth Circuit published a new last responsible employer decision based on a mesothelioma death benefits claim made pursuant to Section 9 of the Longshore... More

Presumptions in General Maritime Law

The General Maritime Law in the United States has evolved, not from a codified body of laws or rules, but from a case by... More

A McCorpen Defense Has Only Three Elements

In an unpublished decision, the Fifth Circuit affirmed a district court’s denial of maintenance and cure benefits, and punitive damages, against a claimant’s former... More

A Section 10(f) Increase Is “Greater Compensation”

In a new published opinion, the Benefits Review Board determined that claimant’s counsel was entitled to shifting attorneys fees because an award of Section 10(f) increases amounted... More

New York: Concurrent Jurisdiction for State Comp and LHWCA Claims

A dock builder was injured when he fell while stepping from a pier onto a barge.  He applied for benefits under New York’s state workers’... More

What is Commutation and How is it Calculated?

Commutation is a procedural remedy whereby an insurance carrier may reduce specific Longshore and Harbor Workers Compensation Act (“LHWCA”) or Defense Base Act (“DBA”)... More