I’m surprised that I haven’t yet discussed the Aggravation Rule here at AEU’s Longshore Blog. So it’s about time. First, let’s start with the “Last Employer Rule”. This is a judge created rule that...

As we’ve frequently discussed, a worker must meet the maritime employment “status” test for Longshore Act coverage (section 2(3) of the Act), and he also must independently meet the “situs” or...

There are several sections in the Longshore Act that provide for civil or criminal fines and penalties. These provisions variously apply either to claimants or employers as specified. Here’s a list...

Section 20 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 920) contains several key presumptions. It states:In any proceeding for the enforcement of a claim for compensation under...

I think that this is a good time to mention again a longstanding but perennially overlooked coverage concept. (I resisted the urge to use Perini-ally overlooked. You’re welcome.) It’s a...

This is the conclusion of a brief review of some interesting Longshore Act and Jones Act cases that were decided in calendar year 2014. William C. Skye v. Maersk Line, 11th Circuit, 5/15/14 This...

I mentioned last time that calendar year 2014 was relatively quiet for Longshore Act jurisprudence at the federal appellate level. There were no decisions at the U.S. Supreme Court. There were,...

Calendar year 2014 was a relatively quiet year for Longshore Act jurisprudence, but the U.S. Department of Labor, which administers the Longshore Act, was busy with administrative matters. First,...

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT ISSUE: Summary of Key Provisions – Part Two The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) is a federal workers’...

Maximum/Minimum Weekly Compensation Rates 10/01/2014 – 09/30/2015 – $1,377.02/$344.26 10/01/2013 – 09/30/2014 – $1,346.68/$336.67 10/01/2012 – 09/30/2013 – $1,325.18/$331.30 10/01/2011 –...

This is a continuation of a status discussion. Last time we considered why a “mail clerk” at a shipyard met Longshore Act status. This time, we’ll discuss the maritime status of a truck driver. ...

In the next two discussions, we’ll look at recent “status” cases involving perennial favorites, clerks and truck drivers. As we know, an employee must meet both the “status” and “situs”...

Based on telephone calls and e-mails that I’ve received, there has been renewed interest in a topic I discussed back in November 2013. This involves section 3(d) of the Longshore Act (33 U.S.C....

This is a guest blog, provided by Royce Ray. Royce is the Director, Subrogation Recovery Unit, with The American Equity Underwriters, Inc. He is a Certified Subrogation Recovery Professional (CSRP),...

This is an update regarding recent significant events involving the Longshore Act. The good news is that, considering “recent” to be from January 1, 2013, to the present, there hasn’t been too much...

The 1984 amendments to the Longshore Act changed the provision for survivors’ benefits. Following the 1972 amendments and up to the date of the 1984 amendments, survivors of workers who were...

Two weeks ago I discussed sections 28(a), (b), (c), and (e) of the Longshore Act. We considered under what circumstances liability to pay the claimant’s attorney’s fee is shifted to the employer and...

The so-called “American Rule” requires that litigants in U.S. courts bear their own expenses, including attorney fees. The Longshore Act, however, contains a “fee shifting” provision, whereby, under...

This is mostly a reiteration of a piece that I posted on August 5, 2010. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap in...

The Outer Continental Shelf Lands Act (OCSLA) extends the provisions of the Longshore and Harbor Workers’ Compensation Act to disabilities or death resulting from any injury occurring as the result...