What happens when an insurance carrier defaults on its obligations under the Longshore and Harbor Workers' Compensation Act due to insolvency? I’ll discuss several insolvency scenarios in four...

Part Four This is a continuation of a series listing key proposed changes to the Longshore Act contained in S. 669 now pending in the 112th Congress. Thirty One – New Section 908(k) proposes to...

It’s a common situation. Mixed duty workers spend part of their time doing maritime work, and they spend the rest of their time, maybe even the majority of their time, doing non-maritime work. The...

Part Three This is a continuation of a summary of the most significant proposed changes contained in pending Bill S. 669 (112th Congress) to amend the Longshore Act. Twenty – Section 920 is...

Part Two This is a continuation of a summary of the most significant proposed changes contained in pending Bill S. 669 (112th Congress) to amend the Longshore Act. Eleven – Section 907 – Medical...

Part One You may have heard that a Bill to amend the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901) has been reintroduced by Senator Johnny Isakson (R-GA). It was referred to the...

I think that the expression “independent contractor” is used too often in different contexts to mean different things. This results in confusion regarding the term. I would like to contribute to the...

What about divers? Are they covered by the Longshore Act or are they crewmembers under the Jones Act and general maritime law? As usual, many coverage questions produce conditional opinions, and...

How about a short review of some of the coverage issues that arise between the boundaries that separate the Longshore Act from other remedies available to the injured worker? Some of these issues...

This question comes up regularly. And, as usual, I don’t have a straight answer; just some thoughts on how to deal with the question. So, leaving a discussion of “situs” for another time, do truck...

Have you ever noticed that the conversations among lawyers who specialize in the Longshore Act frequently seem to consist of cryptic, single word references? The code word is usually a reference to...

Section 902(3) of the Longshore Act is the status coverage provision. It states, “The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person...

Section 904(a) states, “Every employer shall be liable for and shall secure the payment to his employees of the compensation payable ….” Section 932(a) states, “Every employer shall secure the...

This post will highlight those sections of the Longshore and Harbor Workers’ Compensation Act that deal with fraud and other improper conduct. It will also evaluate the statutory remedies available...

1927 – The Special Fund was established by section 944 (33 U.S.C. 944) when the Longshore and Harbor Workers’ Compensation Act was enacted in 1927. It was originally funded by Congressional...

You’ve probably seen references to so-called “Perini” coverage when the issues of situs and status under the Longshore Act are being discussed. I make frequent reference to it myself, usually...

The single most important ingredient to uncovering subrogation is an early incident investigation. I cannot emphasize that enough. I have previously touched on the significance of conducting an...

The U.S. Department of Labor (DOL) administers the Longshore and Harbor Workers’ Compensation Act, and its extensions, the Defense Base Act, the Outer Continental Shelf Lands Act, and the...

Insurance carriers and brokers are puzzling through the coverage dilemmas presented by the Deepwater Horizon cleanup efforts. Are the shore side cleanup workers covered by state workers’...

PART ONE OF TWO Workers’ compensation claims are covered simultaneously by the Federal Longshore and Harbor Workers’ Compensation Act and by state’s workers’ compensation law in so called...