This is a continuation of the discussion of the “clerical exclusion” contained in section 2(3)(A) of the Longshore Act (click here for Part One). Below are some cases that illustrate how the...

Clerical workers are excluded from Longshore Act coverage. Section 2(3)(A) (33 U.S.C. section 902(3)(A)) of the Longshore Act states: “The term ‘employee’ means any person engaged in maritime...

33 U.S.C. Section 916 states: “No assignment, release, or commutation of compensation or benefits due or payable under the Act, except as provided by this Act, shall be valid, and such compensation...

The blog post from February 9, 2017 included a discussion of the U.S. Department of Labor’s Industry Notice No. 160, which announced the latest increase in the amounts of civil penalties under the...

Since I recently discussed the fact that many state guarantee funds will not pay Longshore Act benefits in the event of an insurance carrier default due to insolvency, or will pay only to a limited...

Here is Part Two of a brief summary of interesting (to me) cases from calendar year 2016. David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company;...

Here is the first part of a list of some of the interesting (to me) cases from the U.S. Department of Labor’s Benefits Review Board (BRB) and the federal Circuit Courts of Appeal during calendar...

This is mostly a reiteration of information that I posted back in March 2014. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap...

This is the last (for now) of a group of posts dealing with recurring questions regarding the Longshore Act. Following is a discussion of three issues, one for each of the Act’s three extensions. ...

We have a new truck driver case from the U.S. Department of Labor’s Benefits Review Board (BRB). This one deals with the issue of situs as well as status. The decision also ducks the question of...

Here are some more examples of the types of questions that come up on a regular basis. Question Number 6 Is there USL&H exposure in a contract to construct or renovate a waterside restaurant? ...

There’s one thing (at least) that you can say about the Longshore and Harbor Workers’ Compensation Act. It’s never dull. Questions come up everyday as brokers and underwriters, claims specialists...

Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of claims under the Longshore Act. The...

The case of P.C. Pfeiffer Co. v. Ford, 444 U.S. 69 (1979), is another early “status” case. It is “early” (dates of injury April 12, 1973 and May 2, 1973) in the sense that at that time the courts...

Awhile ago I discussed the “Aggravation Rule”. There are some recent cases that illustrate how this Rule works, so I thought that I would repeat much of my earlier discussion and then briefly note...

On July 1, 2016, the U.S. Department of Labor (DOL) published an “interim final rule” in the Federal Register. It announced the upward adjustment of the amounts of civil penalties assessed or...

The latest addition to my list of landmark Longshore Act cases is Chesapeake & Ohio Ry. Co. v. Schwalb, 493 U.S. 40 (1989). Three employees of an interstate railroad were injured while working at...

I’m adding another case to my list of landmark Longshore Act cases, not because this case is a true “landmark” in the traditional sense of the word, but rather simply based on the frequency with...

Subrogation Here is another contribution from Royce Ray, AEU’s Director of Subrogation. NOTE: Royce is a Certified Subrogation Recovery Professional (CSRP). The CSRP designation is conferred by...

Number 1. Joint and Several LiabilityI occasionally see references to the nature of ALMA member’s liability as “Joint and Several”. This is a serious misstatement.In fact, ALMA members are NOT, and...