Court Cases

The term "navigable waters of the United States" might sound straightforward, but as courts continue to show, its meaning can shift significantly depending on the legal lens being applied. In...

A recent decision by the federal Fourth Circuit Court of Appeals (states of MD, WV, NC, SC, VA) offers an interesting discussion of the test for federal maritime jurisdiction and, specifically, the...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

The U.S. Department of Labor’s (DOL) Benefits Review Board (BRB) recently decided an appeal in a seemingly routine hearing loss case (Lon S. Key v. Electric Boat Corporation, BRB No. 18-0579,...

This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...

In this blog, I will be discussing a decision of the federal Fifth Circuit Court of Appeals in the case of Lynn Barrosse; Raegan Holloway; McKenzie Stricker v. Huntington Ingalls, Inc., formerly...

This is Part 4 of the Longshore Insider blog series examining the circumstances surrounding unique cases decided during 2022.

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

This blog will cover some of the interesting cases decided during the calendar year 2022. Let’s start with the US Department of Labor’s (DOL) Benefits Review Board (BRB) and the Defense Base Act...

Jurisprudence under the U.S. Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act), (33 U.S.C. 901 et seq.) requires the attention of the U.S. Supreme Court. There are...

Compensation benefits, whether temporary or permanent, are based on an injured workers’ average weekly wage. As such, if per diem payments are included in the average weekly wage calculation, the...

There were many interesting cases decided during calendar year 2021 that involved the Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act) and extensions, and related...

This article continues the discussion started in our recent blog about Benefits Review Board (BRB) decisions dealing with claims filed years after the alleged injury or injurious exposure. (You may...

Recent decisions by the U.S. Department of Labor’s (DOL) Benefits Review Board (BRB) illustrate the issues that arise when a claim is filed years after the alleged injury. Statutory Provisions ...

2020 was a relatively routine year, at least with respect to jurisprudence involving the Longshore and Harbor Workers’ Compensation Act (LHWCA or the Longshore Act), extensions Defense Base Act...

The federal Fifth Circuit Court of Appeals has issued an important decision for maritime employers. It has corrected its course and has overruled its decision in Naquin v. Elevating Boats, L.L.C. In...

It’s surprising how cases and controversies continue to arise under the provisions of the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) outside of the big, basic, broad...

Earlier this year, we discussed the federal Fifth Circuit Court of Appeal’s decision in Gilbert Sanchez v. Smart Fabricators of Texas, L.L.C. The holding in the case was that a welder working on a...

On September 9, 2014, Furmanite American, Inc. sent their employee, James Mays, to the Lighthouse Point platform, in Louisiana state waters, to perform valve maintenance services. The natural gas...