Longshore Insider - General No Tagline - 2C red

The AEU Longshore Insider Blog provides observations on all things USL&H including the latest trends in safety and claims handling, recent Longshore Act court cases, and more.

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Posts about

Burden of Proof

6/29/2020

How Longshore Act Claims Are Adjudicated: The ALJ Decision

The U.S. Department of Labor (DOL), through the Division of Longshore and Harbor Workers’ Compensation (DLHWC), in the Office of Workers’ Compensation Programs (OWCP), administers the Longshore and...

6/16/2015

Burden of Proof

How is the winner determined when a controverted Longshore case goes to a formal hearing at the Office of Administrative Law Judges? The ALJ considers all of the testimony and all of the...

2/9/2015

Presumptions

Section 20 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 920) contains several key presumptions. It states:In any proceeding for the enforcement of a claim for compensation under...

4/23/2014

Attorney Fees, Part II

Two weeks ago I discussed sections 28(a), (b), (c), and (e) of the Longshore Act. We considered under what circumstances liability to pay the claimant’s attorney’s fee is shifted to the employer and...

2/11/2014

Discrimination

Employers should be aware that there is a remedy in the Longshore Act for workers who have been fired or “in any other manner” discriminated against for claiming or attempting to claim compensation...