The USS Alabama is a decommissioned World War II U.S. Navy battleship that has been designated as a National Historic Landmark. It comprises part of the Veteran’s Memorial Park in Mobile, Alabama....

The federal Fifth Circuit Court of Appeals has issued an important decision for maritime employers. It has corrected its course and has overruled its decision in Naquin v. Elevating Boats, L.L.C. In...

On May 6, 2020, the U.S. Department of Labor (DOL) issued a new waiver covering the application of the Defense Base Act (DBA) in Guam. The DBA had previously been waived in its entirety with regard...

The Defense Base Act (DBA) (42 U.S.C. 1651) is a workers’ compensation law that extends the benefits of the Longshore and Harbor Workers’ Compensation Act (Longshore Act) to employees outside of the...

Earlier this year, we discussed the federal Fifth Circuit Court of Appeal’s decision in Gilbert Sanchez v. Smart Fabricators of Texas, L.L.C. The holding in the case was that a welder working on a...

The U.S. Department of Labor (DOL), through the Division of Longshore and Harbor Workers’ Compensation (DLHWC), in the Office of Workers’ Compensation Programs (OWCP), administers the Longshore and...

The U.S. Department of Labor (DOL), through the Division of Longshore and Harbor Workers’ Compensation (DLHWC), in the Office of Workers’ Compensation Programs (OWCP), administers the Longshore and...

There is an uncertain boundary where the employment status, injury and illness remedies, and insurance coverage requirements overlap between the Jones Act (negligence) and General Maritime Law (GML)...

This post is a continuation of our review of interesting cases decided during 2019 (see Part One here). Michael T. Long v. Tappan Zee Constructors, LLC, and Ace American Insurance Company, BRB No....

There were several interesting court decisions related to the Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act) and the maritime industry that were issued during calendar year...

Adjudication of hearing loss claims under the Longshore Act continues to be a sticking point for employers, and a recent court case is one more example of what is wrong with how these claims are...

There are a few general principles to keep in mind when considering coverage for independent contractors under the Longshore and Harbor Workers’ Compensation Act (Longshore Act). 1. The Longshore...

Ordinarily I would agree with the general proposition that oil and gas work on fixed platforms in state territorial waters is not covered by the Longshore and Harbor Workers’ Compensation Act...

There are cases, unremarkable on their facts and conventionally decided, that are nevertheless noteworthy. This article outlines one such example – a bridge case. Bridge work, whether constructing,...

The issues of situs and status as they relate to incidents in parking lots can present some tricky questions. There are also the issues arising out of and in the course of employment. These...

Beverly Hale (Widow of Anthony R. Hale, Sr.) v. BAE Systems San Francisco Ship Repair and Signal Mutual Indemnity Association, Ltd., BRB No. 17-0523, 10/10/2018The issue in this case was whether the...

Calendar year 2018 was a relatively uneventful year for jurisprudence under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Although there are several important issues that still need...

In a past blog post, we discussed the dinner cruise operator’s liability for on-the-job injuries to employees. This time, let’s get more ambitious and consider ocean-going cruise lines. Ocean-going...

Over the years, we’ve discussed numerous times on our blog the concepts of “situs” and “status” and the statutory coverage exclusions. Questions about these concepts arise every day. Here are a few...

Section 2(12) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. section 902(12)) (“the Act”) defines “compensation” as “the money allowance payable to an employee or to his dependents...