A funny thing happened on the way to fun in the sun at this year’s ALMA Conference in the Dominican Republic. A keynote speech by a former football coach turned into an inspirational event that I’m...

The semi-annual AEU Safety and Claims Forum is coming up this October in San Francisco. These outstanding educational and networking events are attended by those with safety and claims...

Last time I listed my Top Ten Longshore Act issue conflicts among the federal circuit Courts of Appeal. This time I’d like to list my Top Three conflicts that have recently been resolved, or at...

I’ve occasionally referred to the fact that you do not always get the same answer to the same question from one federal circuit court of appeals to another with regard to certain issues arising...

On June 11, 2013, I mentioned the Joseph Tracy case, in which the federal Ninth Circuit Court of Appeals held that the Longshore Act did not apply in the territorial waters of foreign countries or...

There is one current Longshore Act coverage question that I don’t feel comfortable with. The question is usually along the lines of, “We’re sending workers overseas to do ship repair work (or some...

A significant event in Longshore Act jurisprudence has just occurred. The federal Fifth Circuit Court of Appeals issued a decision on April 29, 2013, in the case of New Orleans Depot Services,...

Unfortunately, Brandon Miller, the Chief, Branch of Insurance and Financial Management at the Division of Longshore and Harbor Workers’ Compensation, Office of Workers’ Compensation Programs, U.S....

The U.S. Supreme Court decided the case of Lozman v. City of Riviera Beach, Florida on January 15, 2013. The issue was whether Mr. Lozman’s floating home was a vessel, subject to Admiralty...

The situs coverage provision of the Longshore Act, Section 3(a) (33 U.S.C. 903(a)) has been discussed on several prior occasions here, and situs questions keep coming up. We’ll just have to keep...

A couple of weeks ago in “ Interesting Year – Part One” we noted that with regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several...

With regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several cases were decided (or are in the process of being decided) at the U.S....

I’d like to remind everyone about the Defense Base Act (DBA). We last looked at it here in February, 2010, so it’s time for another review. First, an update on claims reported under the DBA:...

It’s a common observation among employers, insurance carriers, and the defense bar that the Longshore Act is interpreted too liberally in favor of injured workers. Let’s assume that this observation...

I’m three miles away from the water. I can’t possibly need USL&H insurance!” Don’t be too sure. Let’s talk about situs, again (see previous discussions, for example, October 12, 2011). By way of...

Previously, we discussed fights at work, and we recognized that fighting employees can quickly become workers’ compensation claimants. It would be helpful here if you referred back to the discussion...

I’d like to discuss a contentious issue: fights at work between coworkers. In the process we’ll see two more examples of the application of the Section 20 presumptions. It is obviously a problem...

What is a “vessel”? This is anything but a simple question, especially at the fringes of any attempt at an all inclusive definition. If you write marine insurance exposures, whether inland or...

INSOLVENCY – PART FOUR Upon default on the payment of benefits (not the filing of a petition in Bankruptcy Court), the U.S. Department of Labor (DOL) will seize the self-insurer’s security deposit....

INSOLVENCY - PART THREE We’ve previously looked at what happens when an insurance carrier defaults on the payment of benefits due to insolvency (Part One) and what happens when both the insurance...