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Fifth Circuit: Longshore Modification Statute Has a Broad Scope

Claimant injured his right knee while working for Employer on an oil production platform.  Over the next month, Claimant’s left knee began hurting, too. ... More

District Court Lacked Federal Question Jurisdiction on 33(g) Issue

Plaintiff sustained an injury that brought him under the purview of the Longshore and Harbor Workers’ Compensation Act (LHWCA).  He received benefits from the... More

Plaintiffs’ DBA Claims Dismissed By Federal Court For Failure to Exhaust Administrative Remedies

Plaintiffs, both former military subcontractors, sued Employer in federal court, alleging that Employer fired Plaintiffs in retaliation for one of the Plaintiffs filing a... More

Top 5 Longshore Cases of 2013

In this year’s annual list of the top Longshore and Harbor Workers’ Compensation Act (“LHWCA”) cases of 2013, we address situs, settlement standards, average... More

BRB Finds Section 28(a) Fee Liability Applies Throughout Claim

On November 26, 2013, the Benefits Review Board issued its decision in Bell v. SSA Terminals, LLC, BRB No. 13-0055, which addressed a claim... More

Seaman’s Oral Settlement Agreement Valid and Enforceable

Plaintiff, a seaman, injured his foot aboard a vessel owned by defendant. Plaintiff sought medical treatment and eventually had two toes amputated as well... More

Beach Cleanup Work Was Not Covered By the Longshore Act

Claimant alleged  multiple health issues stemming from her work as an “oil recovery technician” in Prince William Sound in 1989.  At that time, Claimant worked... More

Wages and Penalties for Violations of the Seaman’s Wage Act

NCL owns and operates a fleet of nine cruise ships. Seafarers worked on these vessels as senior stateroom stewards between May 14, 2006, and... More

Jumping from a Helicopter Can Be a War-Risk Hazard

A Defense Base Act claimant injured his ankle when he jumped a few inches from a helicopter to the ground below.  The injury occurred... More

The Courts Again Address Punitive Damages

As stated by the U. S. Supreme Court in 1893, punitive damages “are not awarded by way of compensation to the sufferer, but by... More