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Denial of Maintenance and Cure Results in Large Punitive Damage Award

In 2009, the U.S. Supreme Court sent shock waves through the maritime industry and legal community when it ruled that a Jones Act employer... More

Collateral Source Rule Does Not Apply to Cure Expenses; Attorney’s Fee Claim Reversed

It is well established under the General Maritime Law that a seaman who becomes injured or ill while in the service of the vessel... More

Post Traumatic Stress Disorder Litigation

When the attorney for a person allegedly injured in an accident filed his lawsuit, he would almost without exception, include claims for anxiety, stress... More

BP Oil Spill: Louisiana Fourth Circuit rules that Oyster Damage Claims arising out of Louisiana Emergency Coastal Protection Response must be tried in Baton Rouge; Case transferred from Plaquemines Parish

Following the massive BP oil spill, the State of Louisiana sought to protect a portion of its wetlands by constructing a massive “sand berm”... More

Louisiana Fifth Circuit Finds Seaman’s Jones Act Release Invalid

The Louisiana Fifth Circuit Court of Appeal recently considered the validity a Jones Act settlement in the context of an exception of res judicata. ... More

Claimant’s “Second Claim” Did Not Entitle Him to Section 28(a) Attorney’s Fees

After the claimant suffered an ankle injury on October 7, 2004, the employer began paying temporary total disability (“TTD”) benefits immediately, until June 13, 2005. ... More

Does the Director Have a New Interpretation of Section 28(b)? Or Just a New Litigating Position?

A recent Court of Appeals filing from the Director of the Office of Workers’ Compensation Programs raises questions about whether the Director has a... More

Passenger Vessel Responsibility

In recent months the cruise industry has been in the headlines.  Not so much due to the lifestyle of fun, luxury and glamour which... More

What is Reimbursable Under the War Hazards Compensation Act? And When is it Reimbursable?

The Defense Base Act (“DBA”) is a system of federal workers’ compensation applied to United States contractors working abroad on U.S. bases or pursuant... More

Summary Judgment Standard Properly Applied on Seaman’s Pretrial Motion to Reinstate Maintenance and Cure

A Washington state appellate court recently examined the “obvious tension” between the standard on summary judgment requiring that doubts be resolved in favor of... More