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News

FECA Bulletin No. 13-01 Changes How to Administer DBA and WHCA Claims

On January 29, 2013, the Division of Federal Employees’ Compensation (“DFEC”) published FECA Bulletin No. 13-01.  This Bulletin will  change how we all administer or adjudicate Defense Base... More

Brown-Water Seaman’s Alleged Injury Was Outside Course and Scope of Employment

In Shoffner v. State, a Washington state appellate court was asked to determine the status of ferry worker injured while walking to her vessel... More

Common Law Tort Claims Preempted by the DBA’s and LHWCA’s Exclusivity Provisions

Claimant was injured in a roadside bomb attack.  The employer and carrier paid medical and indemnity benefits pursuant to the Longshore and Harbor Workers’... More

Presumption of Negligence Not Applicable

Defendant’s pipe tank broke loose from its mooring to a crane barge and struck a recreational fishing boat, causing injury to Plaintiffs.  Plaintiffs filed... More

SCOTUS Issued Summary Disposition Reversing A Casino Boat Case

Yesterday the Supreme Court of the United States (“SCOTUS”) issued a summary disposition in Lemelle v. St. Charles Gaming Co., Inc. Briefly, in Lemelle, an intoxicated... More

Longshoreman is Injured. Who is Responsible?

Last month the First Judicial District Court of Appeal for Illinois reached its opinion in Ballard v. American Commercial Lines, Inc., et al.  The... More

Removal to Federal Court: Damages Exceed $75,000

Plaintiff filed suit in Louisiana state court seeking damages for injuries allegedly sustained when she slipped and fell while entering a Home Depot. Home... More

Virginia: Punitive Damages are Not Allowed in a Section 905(b) Action

During his eleven-year tenure as a ship repair staff supervisor, Mr. Minton was exposed to asbestos.  Sixteen years after his employment ended, he was... More

DOL Proposes Revisions to Rules of Practice Before the Office of Administrative Law Judges

The Department of Labor (“DOL”) has proposed to revise the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law... More

Defense Base Act Class Action Lawsuit Dismissed

A friend of the blog mentioned that I should have included one additional case, Brink v. XE Holding, LLC, in the Top 5 list.  I... More