Claims (3)

This is a guest blog, provided by Royce Ray. Royce is the Director, Subrogation Recovery Unit, with The American Equity Underwriters, Inc. He is a Certified Subrogation Recovery Professional (CSRP),...

This is an update regarding recent significant events involving the Longshore Act. The good news is that, considering “recent” to be from January 1, 2013, to the present, there hasn’t been too much...

The 1984 amendments to the Longshore Act changed the provision for survivors’ benefits. Following the 1972 amendments and up to the date of the 1984 amendments, survivors of workers who were...

Except for the February 17, 2009, recreational boat repair amendment to section 2(3)(F), the Longshore Act has not been amended since 1984. And since 1984 there have been significant changes in the...

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...

I’ve occasionally referred to the fact that you do not always get the same answer to the same question from one federal circuit court of appeals to another with regard to certain issues arising...

I will point out what I think are inequities in the way that hearing loss claims are handled under the Longshore Act. But first, I understand that hearing loss is clearly a legitimately compensable...

Section 20(a) of the Longshore Act (33 U.S.C. 920(a)) states: In any proceeding for the enforcement of a claim for compensation under this Act it shall be presumed, in the absence of substantial...

I’ve been posting discussions about the Longshore and Harbor Workers’ Compensation Act since April 20, 2009. I think it’s about time that I summarize what the Act provides by way of compensation...

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...

Reminder: What follows are some observations and a summary of general principles based on my reading of the statute, regulations and case law. Obviously, such statements of general principles and...

Preface: The following is an update on claims reported under the Defense Base Act as of 12/31/2010. The approximately 19,000 injuries reported outside of Iraq and Afghanistan are spread all over the...

The single most important ingredient to uncovering subrogation is an early incident investigation. I cannot emphasize that enough. I have previously touched on the significance of conducting an...

PART ONE OF TWO Workers’ compensation claims are covered simultaneously by the Federal Longshore and Harbor Workers’ Compensation Act and by state’s workers’ compensation law in so called...

How Do You Measure the 10 Day Rule For Paying Formal Awards Under Section 914(f)? Section 914(f) of the Longshore and Harbor Workers’ Compensation Act states, “Additional Compensation for overdue...