Average Weekly Wage

By Industry Notice No. 173 dated September 12, 2019, The U.S. Department of Labor, which administers the Longshore and Harbor Workers’ Compensation Act (LHWCA, or the Longshore Act), has announced...

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’...

ANNUAL INCREASE By Industry Notice No. 162, dated September 12, 2017, The U.S. Department of Labor, which administers the Longshore Act, has announced the new National Average Weekly Wage (NAWW)...

This is a continuation of a brief list of calendar year 2015 Longshore Act related cases from the Benefits Review Board and the federal courts of appeal that I found interesting. Crosby Forbes v....

National Average Weekly Wage The U.S. Department of Labor has released Industry Notice No. 154, dated September 8, 2015. The Subject is: Maximum and Minimum Compensation Rates Under the Longshore...

This is a very important concept for all parties to a Longshore Act claim. There is a great deal at stake. If an injured worker meets his prima facie case, raising the section 20(a) presumption of...

Calendar year 2014 was a relatively quiet year for Longshore Act jurisprudence, but the U.S. Department of Labor, which administers the Longshore Act, was busy with administrative matters. First,...

Maximum/Minimum Weekly Compensation Rates 10/01/2014 – 09/30/2015 – $1,377.02/$344.26 10/01/2013 – 09/30/2014 – $1,346.68/$336.67 10/01/2012 – 09/30/2013 – $1,325.18/$331.30 10/01/2011 –...

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...

With regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several cases were decided (or are in the process of being decided) at the U.S....

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...

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...