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...

You would think that at any given time, the worker and the employer would know how much the worker was being paid. But it’s not always so easy. In the majority of cases the injured worker and the...

II. 1927 – 1972 In 1927, finally convinced that the only way to provide workers’ compensation protection for land based workers injured over navigable waters was to enact a federal law, Congress...

I. 1910 – 1927 General Maritime Law U.S. Constitution Social Conscience II. 1927 – 1972 Longshoremen’s and Harbor Workers’ Compensation Act Twilight Zone and Coverage Confusion Change

I will point out what I think are inequities in the way that hearing loss claims are handled under the Longshore Act. But first, I understand that hearing loss is clearly a legitimately compensable...

I will now attempt to discuss workers’ compensation coverage under the Outer Continental Shelf Lands Act (OCSLA). Let’s start in 1953. Oil and gas exploration off the coasts of the United States...

Section 20(a) of the Longshore Act (33 U.S.C. 920(a)) states: In any proceeding for the enforcement of a claim for compensation under this Act it shall be presumed, in the absence of substantial...

Reminder: What follows are some observations and a summary of general principles based on my reading of the statute, regulations and case law. Obviously, such statements of general principles and...

You may have heard that the Longshore Act is going to the U.S. Supreme Court, by way of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1331 et.seq.). The OCSLA is an extension of the...

Preface: The following is an update on claims reported under the Defense Base Act as of 12/31/2010. The approximately 19,000 injuries reported outside of Iraq and Afghanistan are spread all over the...

Work done on and around bridges is the subject of recurring questions with regard to coverage under the Longshore and Harbor Workers’ Compensation Act. So at the risk of doing more harm than good,...

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

What Is a Subdivision of a State Government?This question concerns employees who may or who may not be covered by the Longshore and Harbor Workers’ Compensation Act, depending on who the employer...

What Is the Difference Between State Act Comp and the Longshore and Harbor Workers’ Compensation Act? One is state and the other is federal. Wow! That one was easy. Next!.....What? Not buying it?...