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Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases

Section 905(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides that an employer’s liability for workers’ compensation benefits to an employee “shall be... More

The Value of Thorough Pre-employment Screening

In the maritime work force, workers fall generally into two groups.  There are those who work aboard vessels and in the eyes of the... More

Workers’ Compensation, Social Security Disability Benefits and Taxation

Author: Jon B. Robinson Generally speaking, workers’ compensation benefits are not taxable.  26 U.S.C. § 104(a)(1).  This includes compensation benefits paid under the Longshore... More

Louisiana: A State Employee May Sue Louisiana Under the Jones Act

On July 1, 2011, the Supreme Court of Louisiana held that Louisiana waived its sovereign immunity from suit for injury to persons, and that... More

OSHA’s Vertical Tandem Lift Standard Addressed by D.C. Circuit

On December 10, 2008, the Occupational Safety and Health Administration (“OSHA”) published a final rule regulating the use of vertical tandem lifts (“VTLs”).  The... More

Bridge Vacuumer Was Not a Longshoreman

Claimant’s main duty in his employment with employer was to vacuum debris which fell into a containment area on a bridge over the Ohio... More

New OSHA Regs for Shipyards: 29 C.F.R. § 1915, Subpart F

Under the Occupational Safety and Health Act of 1970, employers are statutorily responsible for providing safe workplaces for their employees.  The Department of Labor’s... More

Coast Guard Policy Letter Admissible to Interpret Statute

According to 46 U.S.C. § 8104(h), a licensed mariner may not work more than 12 hours in a consecutive 24-hour period.  This is commonly... More

SCOTUS Addresses Fee Shifting in Fox v. Vice

On Monday, the Supreme Court of the United States issued its opinion in Fox v. Vice, a civil rights attorney fee case.  In Fox,... More

General Jurisdiction Statement Supported Rule 9(h) Election

Plaintiff brought suit alleging general maritime law and admiralty jurisdiction, along with a prayer for a trial by jury.  Defendant argued that Plaintiff was... More