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New Final Rule for LHWCA’s Exclusion of Recreational Vessel Workers

The United States Department of Labor issued a final rule implementing the Longshore and Harbor Workers’ Act’s exclusion for recreational vessel workers.  The final... More

Law of Adjacent State Does Not Apply Under OCSLA Where Federal Maritime Law Applies of its Own Force

In June 2007, Rodney Hamm was injured during his employment with Rodan Marine Services II, LLC (“Rodan”).  At the time of his injury, Hamm... More

Paying A Seaman’s Wages

The rights of U.S. seamen under the law are, by tradition, closely guarded by the Courts.  This includes the seaman’s right to wages, which... More

Louisiana Federal Judge Dismisses Katrina Claim Filed Four Years Too Late

Author: Trevor M. Cutaiar Northshore Apothecary suffered damage to its building in Slidell as a result of Hurricane Katrina.  The hurricane damaged both the... More

Fifth Circuit Addresses Both Vessel Owner and Time Charterer Liability Under Section 905(b)

In Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981), the Supreme Court defined a vessel’s duty to longshoremen, holding that... More

New OWCP Bulletin Addresses War Hazards Compensation Act Procedure – Part 2

This post continues the review of OWCP Bulletin No. 12-01, which was issued on October 6, 2011.  The Bulletin focuses on the direct payment... More

Section 8(f) Relief Overturned Because of Deficient Record

On October 31, 2005, the claimant sustained a compensable rotator cuff injury and, after a hearing, the Administrative Law Judge (“ALJ”) awarded benefits.  The ALJ also... More

Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases

Author: Jon B. Robinson Recently, the United States Court for the Eleventh Circuit addressed the Longshore Act’s exclusivity provision, Section 905(a), as it applied... More

Vessel Owner Breaches Duty to Provide Prompt Medical Treatment

Author: Jacques P. DeGruy Judge Vance of the Eastern District recently entered partial summary judgment in favor of an injured seaman, finding that the... More

Cap on Punitive Damage Under Fire

In 2008, nineteen years after Exxon’s supertanker Exxon Valdez grounded on Bligh Reef fracturing its hull and spilling millions of gallons of crude oil... More