Claims (2)

Under the Longshore Act, hearing loss claims can cause much frustration for employers. Not only are they nearly impossible to prevent, but once a claim is filed, many employers will pay more than...

When an employee experiences an on-the-job injury, depending on the severity of the injury, sometimes employers will question whether they should file a claim with their insurance provider. This...

When an employee is involved in an industrial accident, it can be a trying situation both for the employee and the employer. Other employees may also experience a wide array of emotions, from deep...

At AEU, we strive to provide members the resources they need to minimize risk and reduce workplace injuries. Still, we know that accidents happen — and they can be made worse by a drawn-out,...

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)...

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...

Under what circumstances can an injured worker receive weekly workers’ compensation benefits concurrently for multiple injuries/multiple claims? For example, can an injured worker receive permanent...

Recently I’ve discussed issues arising under the Longshore Act that present conflicts among the federal circuit courts of appeal or other uncertainties. These issues would benefit from a resolution...

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...

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...

This is a continuation of our discussion concerning the authority and responsibility of the U.S. Department of Labor’s District Directors in the adjudication/administration of claims under the...

The U.S. Department of Labor, which administers the Longshore and Harbor Workers’ Compensation Act, has a three step process for adjudicating claims. The first step is informal proceedings at the...

Is it a good idea for an employer to monitor the post injury earnings of an employee to whom it is paying disability benefits under the Longshore Act? Yes. Does the Act provide a way to do this?...

I recently referred to a case which involved modification under section 22 of the Longshore Act (33 U.S.C. 922). In this case, the federal Fifth Circuit Court of Appeals confirmed that modification...

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,...

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT ISSUE: Summary of Key Provisions – Part Two The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) is a federal workers’...

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 –...