This is a continuation of our discussion of a contractor’s statutory liability for workers’ compensation benefits under section 4(a).Remember, section 4(a) deals with contractor liability in the...

We all have our favorite sections of the Longshore Act. There are the cryptic “status” and “situs” provisions of sections 2(3) and 3(a). There are the sweeping medical care provisions of section 7;...

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’m surprised that I haven’t yet discussed the Aggravation Rule here at AEU’s Longshore Blog. So it’s about time. First, let’s start with the “Last Employer Rule”. This is a judge created rule that...

As we’ve frequently discussed, a worker must meet the maritime employment “status” test for Longshore Act coverage (section 2(3) of the Act), and he also must independently meet the “situs” or...

There are several sections in the Longshore Act that provide for civil or criminal fines and penalties. These provisions variously apply either to claimants or employers as specified. Here’s a list...

Section 20 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 920) contains several key presumptions. It states:In any proceeding for the enforcement of a claim for compensation under...

I think that this is a good time to mention again a longstanding but perennially overlooked coverage concept. (I resisted the urge to use Perini-ally overlooked. You’re welcome.) It’s a...

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...

This is the conclusion of a brief review of some interesting Longshore Act and Jones Act cases that were decided in calendar year 2014. William C. Skye v. Maersk Line, 11th Circuit, 5/15/14 This...

I mentioned last time that calendar year 2014 was relatively quiet for Longshore Act jurisprudence at the federal appellate level. There were no decisions at the U.S. Supreme Court. There were,...

Calendar year 2014 was a relatively quiet year for Longshore Act jurisprudence, but the U.S. Department of Labor, which administers the Longshore Act, was busy with administrative matters. First,...

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT ISSUE: Summary of Key Provisions – Part Two The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) is a federal workers’...

Maximum/Minimum Weekly Compensation Rates 10/01/2014 – 09/30/2015 – $1,377.02/$344.26 10/01/2013 – 09/30/2014 – $1,346.68/$336.67 10/01/2012 – 09/30/2013 – $1,325.18/$331.30 10/01/2011 –...

This is a continuation of a status discussion. Last time we considered why a “mail clerk” at a shipyard met Longshore Act status. This time, we’ll discuss the maritime status of a truck driver. ...

In the next two discussions, we’ll look at recent “status” cases involving perennial favorites, clerks and truck drivers. As we know, an employee must meet both the “status” and “situs”...

Based on telephone calls and e-mails that I’ve received, there has been renewed interest in a topic I discussed back in November 2013. This involves section 3(d) of the Longshore Act (33 U.S.C....

This is a guest blog, provided by Royce Ray. Royce is the Director, Subrogation Recovery Unit, with The American Equity Underwriters, Inc. He is a Certified Subrogation Recovery Professional (CSRP),...

This is an update regarding recent significant events involving the Longshore Act. The good news is that, considering “recent” to be from January 1, 2013, to the present, there hasn’t been too much...