A recent decision by the federal Fourth Circuit Court of Appeals (states of MD, WV, NC, SC, VA) offers an interesting discussion of the test for federal maritime jurisdiction and, specifically, the...

The U.S. Longshore and Harbor Workers’ Compensation Act is complex and nuanced. Unless you’re a Longshore Act expert, here are five things that you may not know about this unique workers’...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

The U.S. Department of Labor’s (DOL) Benefits Review Board (BRB) recently decided an appeal in a seemingly routine hearing loss case (Lon S. Key v. Electric Boat Corporation, BRB No. 18-0579,...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

In this blog, I will be discussing a decision of the federal Fifth Circuit Court of Appeals in the case of Lynn Barrosse; Raegan Holloway; McKenzie Stricker v. Huntington Ingalls, Inc., formerly...

There’s a big difference. And for maritime employers, it is frequently difficult to recognize the difference between the two Acts and to choose correctly between them. The Jones Act provides seamen...

Section 13(a) (33 U.S.C. 913(a)) of the Longshore Act states: “Time to file. Except as otherwise provided in this section, the right to compensation for disability or death under this Act shall be...

On January 11, 2012, the U.S. Supreme Court issued its decision in the case of Pacific Operators Offshore LLP v. Valladolid, which I discussed here on January 19, 2012. In Valladolid the issue was...

This is Part 4 of the Longshore Insider blog series examining the circumstances surrounding unique cases decided during 2022.

In the world of workers' compensation, reporting injuries in a timely manner is important. Section 30(a) of the Longshore Act lays out a deadline for reporting injuries or deaths. Failure to report...

The Longshore Act does not define "navigable waters of the United States," although this phrase is central to the Longshore Act's "situs" requirement for coverage.

This is Part 3 of the Longshore Insider blog series examining the circumstances surrounding unique cases decided during 2022.

I’ve discussed the so-called “concurrent jurisdiction” problem on previous occasions. This refers to the inequitable situation confirmed by the U.S. Supreme Court in Sun Ship v. Pennsylvania, 447...

This is part two of our look into interesting cases decided during calendar year 2022. Here are some non-DBA cases from the Benefits Review Board (BRB):

There is a principle basic to the concept of workers’ compensation laws that must be resolved at the initial stage of a claim: For compensation to be payable under a workers’ compensation law, the...

This blog will cover some of the interesting cases decided during the calendar year 2022. Let’s start with the US Department of Labor’s (DOL) Benefits Review Board (BRB) and the Defense Base Act...

When do construction workers meet “status” for coverage under section 902(3) of the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) (33 U.S.C. Section 901 et seq.)?

The intricacies and nuances of the Longshore Act can be complex and challenging to understand. From time to time, Longshore Insider pops the hood and takes a closer look at some of the most pertinent...