On several prior occasions we have discussed the problematic coverage issues that arise where the Jones Act and the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) overlap in the...

Are employees of a dinner cruise operation covered by the Longshore and Harbor Workers’ Compensation Act (the Act) for on the job injuries? Or are they excluded from coverage by virtue of Section...

While we have covered this issue before on our blog, a topic that is important enough to bear repeating is that of state guarantee funds. Brokers and maritime employers should be aware of a...

The Jones Act (formally known as Section 27 of the Merchant Marine Act of 1920) has been discussed at the Longshore Insider (formerly AEU Longshore Blog) on several previous occasions. The context...

Section 7(b) (33 U.S.C. 907(b)) of the U.S. Longshore and Harbor Workers’ Compensation Act states, in no uncertain terms, “The employee shall have the right to choose an attending physician …” ...

Question: An employee retires voluntarily, i.e., the retirement is entirely due to reasons unrelated to a work injury, such as a shift change that the worker finds unacceptable. After retirement, he...

The Last (Maritime) Employer Rule and the Aggravation Rule are the two methods of assigning liability in Longshore Act cases. Since they are well-established in Longshore Act jurisprudence, it may...

On March 15, 2017, the AEU Longshore blog discussed, in general terms, section 905(b) of the Longshore and Harbor Workers’ Compensation Act. To expand on that discussion, here are some section...

Section 5(b) of the Longshore Act, 33 U.S.C. 905(b), allows an injured maritime worker to bring a third party tort lawsuit against a vessel owner for vessel negligence. Section 5(b) states: “In...

The U.S. Department of Labor, Office of Workers’ Compensation Programs, which administers the Longshore and Harbor Workers’ Compensation Act, has released Industry Notice No. 160, dated January 25,...

Under what circumstances can an injured worker receive weekly workers’ compensation benefits concurrently for multiple injuries/multiple claims? For example, can an injured worker receive permanent...

Section 33(a) (33 U.S.C. 933(a)) of the Longshore Act provides that an injured worker may proceed in tort against a third party (not his employer) if he believes that the third party may be liable...

I’ve talked about dual, or concurrent, USL&H/state act workers’ compensation jurisdiction here several times, and most recently I discussed the U.S. Supreme Court’s landmark Sun Ship decision. This...

This is a very important concept for all parties to a Longshore Act claim. There is a great deal at stake. If an injured worker meets his prima facie case, raising the section 20(a) presumption of...

How is the winner determined when a controverted Longshore case goes to a formal hearing at the Office of Administrative Law Judges? The ALJ considers all of the testimony and all of the...

Is it a good idea for an employer to monitor the post injury earnings of an employee to whom it is paying disability benefits under the Longshore Act? Yes. Does the Act provide a way to do this?...

Longshore Act question number 4 was discussed on the AEU Longshore Blog back on March 31, 2010. It’s finally occurred to me that the previous discussion needs to be updated.What is a vessel?Neither...

I recently referred to a case which involved modification under section 22 of the Longshore Act (33 U.S.C. 922). In this case, the federal Fifth Circuit Court of Appeals confirmed that modification...

We’ve discussed the Defense Base Act on several occasions, as well as the Outer Continental Shelf Lands Act. These are two well known extensions of the Longshore and Harbor Workers’ Compensation...

Except for the February 17, 2009, recreational boat repair amendment to section 2(3)(F), the Longshore Act has not been amended since 1984. And since 1984 there have been significant changes in the...