This is Part Two of a compilation of occupation-specific status discussions from past AEU Longshore blog postings. Construction Workers A few years back, we covered the Longshore Act status of ...

Questions regularly arise with regard to Longshore Act coverage for dredging operations. These operations present several key coverage issues worth discussing. Overview Dredging is usually done to...

A recent decision from the U.S. Department of Labor’s Benefits Review Board (“the Board”) illustrates some challenges related to the adjudication of hearing loss claims under the Longshore and...

Coverage questions about maritime “status” under the Longshore Act arise regularly, and the AEU Longshore Blog has addressed different occupations in various posts. Most recently we have discussed...

The question arose recently as to whether salespeople and estimators are covered under the Longshore Act. This is a very imprecise and incomplete question, but it can be answered easily. The answer...

This is a continuation of the discussion of the “clerical exclusion” contained in section 2(3)(A) of the Longshore Act (click here for Part One). Below are some cases that illustrate how the...

Clerical workers are excluded from Longshore Act coverage. Section 2(3)(A) (33 U.S.C. section 902(3)(A)) of the Longshore Act states: “The term ‘employee’ means any person engaged in maritime...

33 U.S.C. Section 916 states: “No assignment, release, or commutation of compensation or benefits due or payable under the Act, except as provided by this Act, shall be valid, and such compensation...

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 blog post from February 9, 2017 included a discussion of the U.S. Department of Labor’s Industry Notice No. 160, which announced the latest increase in the amounts of civil penalties under the...

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...

Since I recently discussed the fact that many state guarantee funds will not pay Longshore Act benefits in the event of an insurance carrier default due to insolvency, or will pay only to a limited...

Here is Part Two of a brief summary of interesting (to me) cases from calendar year 2016. David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company;...

Here is the first part of a list of some of the interesting (to me) cases from the U.S. Department of Labor’s Benefits Review Board (BRB) and the federal Circuit Courts of Appeal during calendar...

This is mostly a reiteration of information that I posted back in March 2014. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap...

This is the last (for now) of a group of posts dealing with recurring questions regarding the Longshore Act. Following is a discussion of three issues, one for each of the Act’s three extensions. ...

We have a new truck driver case from the U.S. Department of Labor’s Benefits Review Board (BRB). This one deals with the issue of situs as well as status. The decision also ducks the question of...

Here are some more examples of the types of questions that come up on a regular basis. Question Number 6 Is there USL&H exposure in a contract to construct or renovate a waterside restaurant? ...