Aggravation Rule

On January 18, 2018, we discussed the Top Ten Principles of the Last Employer Rule in Occupational Disease cases and the different applications of the Last Employer Rule as applied in occupational...

The Last (Maritime) Employer Rule and the Aggravation Rule are the two methods of assigning liability in Longshore Act cases. Since they are well-established in Longshore Act jurisprudence, it may...

This is Part One of a brief review of interesting (to me) cases decided during calendar year 2017 by the U.S. Department of Labor’s Benefits Review Board and the federal circuit courts of appeal. ...

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...

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...

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 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...

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...