Benefits Review Board

This is Part 3 of the Longshore Insider blog series examining the circumstances surrounding unique cases decided during 2022.

This blog is a continuation of our review of notable Longshore and Harbor Workers’ Compensation Act (LHWCA) court cases from 2018. Hamidullah Makhmoor v. Mission Essential Personnel, LLC and Zurich...

Calendar year 2018 was a relatively uneventful year for jurisprudence under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Although there are several important issues that still need...

This is Part Two of a brief review of some interesting Longshore Act cases from calendar year 2017. In the Matter of the Complaint of Buchanan Marine, L.P., as Bareboat Charterer of the Barge...

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. ...

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...

A recent decision from the U.S. Department of Labor’s Benefits Review Board (“the Board”) illustrates some challenges related to the adjudication of hearing loss claims under the Longshore and...

Coverage questions about maritime “status” under the Longshore Act arise regularly, and the AEU Longshore Blog has addressed different occupations in various posts. Most recently we have discussed...

This is a continuation of the discussion of the “clerical exclusion” contained in section 2(3)(A) of the Longshore Act (click here for Part One). Below are some cases that illustrate how the...

Here is Part Two of a brief summary of interesting (to me) cases from calendar year 2016. David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company;...

Here is the first part of a list of some of the interesting (to me) cases from the U.S. Department of Labor’s Benefits Review Board (BRB) and the federal Circuit Courts of Appeal during calendar...

This is the last (for now) of a group of posts dealing with recurring questions regarding the Longshore Act. Following is a discussion of three issues, one for each of the Act’s three extensions. ...

We have a new truck driver case from the U.S. Department of Labor’s Benefits Review Board (BRB). This one deals with the issue of situs as well as status. The decision also ducks the question of...

I’m adding another case to my list of landmark Longshore Act cases, not because this case is a true “landmark” in the traditional sense of the word, but rather simply based on the frequency with...

I’m adding to my list of landmark Longshore Act Supreme Court decisions with a case that arose under the Defense Base Act (42 U.S.C. 1651, et seq.) (DBA). The case is O’Leary v. Brown-Pacific-Maxon,...

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....

As I noted last time, calendar year 2015 was a routine year for Longshore Act litigation. There were no cases decided at the U.S. Supreme Court and no new conflicts were created among the federal...

Yogi Berra might have said this. “Some questions always come up, because they don’t come up that often.” You know. Sort of like, “Nobody goes there anymore. It’s too crowded”. Questions continue...

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,...