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...

1984 to Present The Longshore Act was significantly amended again in 1984. We were (and are) still trying to sort out the concepts of status and situs that were added in 1972. Then along came the...

A significant event in Longshore Act jurisprudence has just occurred. The federal Fifth Circuit Court of Appeals issued a decision on April 29, 2013, in the case of New Orleans Depot Services,...

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...

Unfortunately, Brandon Miller, the Chief, Branch of Insurance and Financial Management at the Division of Longshore and Harbor Workers’ Compensation, Office of Workers’ Compensation Programs, U.S....

The U.S. Supreme Court decided the case of Lozman v. City of Riviera Beach, Florida on January 15, 2013. The issue was whether Mr. Lozman’s floating home was a vessel, subject to Admiralty...

The situs coverage provision of the Longshore Act, Section 3(a) (33 U.S.C. 903(a)) has been discussed on several prior occasions here, and situs questions keep coming up. We’ll just have to keep...

A couple of weeks ago in “ Interesting Year – Part One” we noted that with regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several...