Amendments

Congress made two attempts last year to expand coverage of the Longshore Act to employees diagnosed with or quarantined because of COVID-19. Those proposed amendments would have made COVID-19 claims...

If the Act is to be opened for Amendment, there are other key issues currently the subject of conflict in the jurisprudence that can be addressed. The definition of “adjoining” in section 3(a) can...

This is a continuation of the discussion of possible amendments to the Longshore and Harbor Workers’ Compensation Act. In that post was a list of what I consider to be the top tier of potential...

It’s been 100 years since the U.S. Supreme Court’s decision in Southern Pacific RR Co. v. Jensen, (244 U.S. 205 (1917)), established the “Jensen” line, limiting the coverage of states’ workers’...

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...

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...

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...

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...

Part One You may have heard that a Bill to amend the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901) has been reintroduced by Senator Johnny Isakson (R-GA). It was referred to the...

This post will highlight those sections of the Longshore and Harbor Workers’ Compensation Act that deal with fraud and other improper conduct. It will also evaluate the statutory remedies available...

1927 – The Special Fund was established by section 944 (33 U.S.C. 944) when the Longshore and Harbor Workers’ Compensation Act was enacted in 1927. It was originally funded by Congressional...