Two weeks ago I discussed sections 28(a), (b), (c), and (e) of the Longshore Act. We considered under what circumstances liability to pay the claimant’s attorney’s fee is shifted to the employer and...

The so-called “American Rule” requires that litigants in U.S. courts bear their own expenses, including attorney fees. The Longshore Act, however, contains a “fee shifting” provision, whereby, under...

This is mostly a reiteration of a piece that I posted on August 5, 2010. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap in...

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...

The Outer Continental Shelf Lands Act (OCSLA) extends the provisions of the Longshore and Harbor Workers’ Compensation Act to disabilities or death resulting from any injury occurring as the result...

Employers should be aware that there is a remedy in the Longshore Act for workers who have been fired or “in any other manner” discriminated against for claiming or attempting to claim 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...

I’ll pick up where I left off last time, with a look at some more cases that made calendar year 2013 interesting in the Longshore context. I’ll also mention some important administrative events at...

Courts use various methodologies to simplify factual analysis, organize the evaluation of evidence, recognize the triggering in shifts in the burden of proof, facilitate matching the facts of a case...

Section 3(d) of the Longshore Act (33 U.S.C. 903(d)) states: “3(d)(1) – No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the...

I don’t like the phrase “walking in and out of coverage”. It’s an artifact of the Longshore Act, pre-1972 Amendments version. The original 1927 statute had a single coverage requirement. An injury...

This is another discussion with regard to Status under section 2(3) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(3)). It’s about construction workers. This includes all of...

It’s time for the annual reminder to employers and brokers regarding the insurance requirement under the Longshore and Harbor Workers’ Compensation Act. First, what the Act says: 33 U.S.C....

A funny thing happened on the way to fun in the sun at this year’s ALMA Conference in the Dominican Republic. A keynote speech by a former football coach turned into an inspirational event that I’m...

The semi-annual AEU Safety and Claims Forum is coming up this October in San Francisco. These outstanding educational and networking events are attended by those with safety and claims...

Last time I listed my Top Ten Longshore Act issue conflicts among the federal circuit Courts of Appeal. This time I’d like to list my Top Three conflicts that have recently been resolved, or at...

I’ve occasionally referred to the fact that you do not always get the same answer to the same question from one federal circuit court of appeals to another with regard to certain issues arising...

On June 11, 2013, I mentioned the Joseph Tracy case, in which the federal Ninth Circuit Court of Appeals held that the Longshore Act did not apply in the territorial waters of foreign countries or...

There is one current Longshore Act coverage question that I don’t feel comfortable with. The question is usually along the lines of, “We’re sending workers overseas to do ship repair work (or some...