Section 20(a) of the Longshore Act (33 U.S.C. 920(a)) states: In any proceeding for the enforcement of a claim for compensation under this Act it shall be presumed, in the absence of substantial...

INSOLVENCY - PART THREE We’ve previously looked at what happens when an insurance carrier defaults on the payment of benefits due to insolvency (Part One) and what happens when both the insurance...

Maritime employers have received some good news, courtesy of the U.S. Supreme Court. On March 20, 2012, the court issued its decision in the case of Roberts v. Sea-Land Services, Inc., et al., a...

Virginia is in the process of doing something fair and reasonable for the maritime employers in the State. On February 28, 2012, the state legislature completed the process of passing a Bill that...

I’ve been posting discussions about the Longshore and Harbor Workers’ Compensation Act since April 20, 2009. I think it’s about time that I summarize what the Act provides by way of compensation...

Some questions come up over and over again. One such question involves foreign workers and/or foreign employers in the United States. Does the Longshore Act cover foreign workers? Does the Longshore...

Back on August 31, 2011, in Insolvency – Part One, we considered the circumstances where the insurance carrier was insolvent but the insured employer was solvent, and we concluded that if the...

On January 11, 2012, the U.S. Supreme Court heard oral arguments in the case of Roberts v. Sea-Land Services, Inc. et al. I’ve discussed the Roberts case here on the AEU Longshore blog on December...

Oral argument will be held today at the U.S. Supreme Court in the case of Roberts v. Sea-Land Services, Inc. et al., which I briefly mentioned here last week. Following is a fuller discussion of the...

On December 30, 2011, the U.S. Department of Labor (DOL) published final regulations (at 20 CFR Part 701) implementing the amendment to section 902(3)(F) that was contained in the American Recovery...

Back on March 14, 2011, I mentioned that an Outer Continental Shelf Lands Act case (OCSLA) (43 U.S.C. 1331 et seq.) was at the U.S. Supreme Court to determine whether and where there is a situs of...

Reminder: What follows are some observations and a summary of general principles based on my reading of the statute, regulations and case law. Obviously, such statements of general principles and...

Are employees of port authorities covered under the Longshore and Harbor Workers’ Compensation Act? This is a question that comes up regularly, but infrequently enough to seem novel. Of course, and...

An interesting question came up recently involving the issue of “situs” under the Longshore Act. I thought that I’d discuss it here and in the process review the whole “situs” concept. Looking back...

Back on January 20, 2011, we discussed some Longshore Act coverage issues related to truck drivers. And on previous occasions we discussed the coverage “uncertainty zone” that exists as a...

What happens when an insurance carrier defaults on its obligations under the Longshore and Harbor Workers' Compensation Act due to insolvency? I’ll discuss several insolvency scenarios in four...

Part Four This is a continuation of a series listing key proposed changes to the Longshore Act contained in S. 669 now pending in the 112th Congress. Thirty One – New Section 908(k) proposes to...

It’s a common situation. Mixed duty workers spend part of their time doing maritime work, and they spend the rest of their time, maybe even the majority of their time, doing non-maritime work. The...

Part Three This is a continuation of a summary of the most significant proposed changes contained in pending Bill S. 669 (112th Congress) to amend the Longshore Act. Twenty – Section 920 is...

Part Two This is a continuation of a summary of the most significant proposed changes contained in pending Bill S. 669 (112th Congress) to amend the Longshore Act. Eleven – Section 907 – Medical...