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? ...

There’s one thing (at least) that you can say about the Longshore and Harbor Workers’ Compensation Act. It’s never dull. Questions come up everyday as brokers and underwriters, claims specialists...

Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of claims under the Longshore Act. The...

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...

The case of P.C. Pfeiffer Co. v. Ford, 444 U.S. 69 (1979), is another early “status” case. It is “early” (dates of injury April 12, 1973 and May 2, 1973) in the sense that at that time the courts...

Awhile ago I discussed the “Aggravation Rule”. There are some recent cases that illustrate how this Rule works, so I thought that I would repeat much of my earlier discussion and then briefly note...

On July 1, 2016, the U.S. Department of Labor (DOL) published an “interim final rule” in the Federal Register. It announced the upward adjustment of the amounts of civil penalties assessed or...

The latest addition to my list of landmark Longshore Act cases is Chesapeake & Ohio Ry. Co. v. Schwalb, 493 U.S. 40 (1989). Three employees of an interstate railroad were injured while working at...

I’m adding another case to my list of landmark Longshore Act cases, not because this case is a true “landmark” in the traditional sense of the word, but rather simply based on the frequency with...

Subrogation Here is another contribution from Royce Ray, AEU’s Director of Subrogation. NOTE: Royce is a Certified Subrogation Recovery Professional (CSRP). The CSRP designation is conferred by...

Number 1. Joint and Several LiabilityI occasionally see references to the nature of ALMA member’s liability as “Joint and Several”. This is a serious misstatement.In fact, ALMA members are NOT, and...

I’m adding to my list of landmark Longshore Act Supreme Court decisions with a case that arose under the Defense Base Act (42 U.S.C. 1651, et seq.) (DBA). The case is O’Leary v. Brown-Pacific-Maxon,...

Recently I’ve discussed issues arising under the Longshore Act that present conflicts among the federal circuit courts of appeal or other uncertainties. These issues would benefit from a resolution...

We observed last time that the issues involved in the “concurrent” jurisdiction question included the competing concepts of individual state police powers versus the need for uniform federal...

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...

Earlier in 2016, I discussed the last case on my list of the top six landmark Longshore Act cases. This time what I’d like to do is to identify the landmark cases that we need but that we don’t yet...

There are employers who need Longshore Act coverage but don’t have it. These employers have employees who met the status and situs requirements for Longshore Act coverage, but the employers are...

Before I get to number six on my list of landmark Longshore Act cases decided at the U.S. Supreme Court, here is the list of numbers one to five as discussed here in the past couple of months. ...

Case number five on my list of the Supreme Court’s landmark Longshore cases is Potomac Electric Power Company v. Director, Office of Workers’ Compensation Programs, 449 U.S. 268 (1980). This is...