Court Cases

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...

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...

We have another situs case involving an injury in a parking lot. Henry Hall v. Ceres Gulf, Incorporated, BRB No. 17-0070, January 31, 2020 The injured worker was a truck driver at the Port of...

This post is a continuation of our review of interesting cases decided during 2019 (see Part One here).   Michael T. Long v. Tappan Zee Constructors, LLC, and Ace American Insurance Company, BRB No....

There were several interesting court decisions related to the Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act) and the maritime industry that were issued during calendar year...

Adjudication of hearing loss claims under the Longshore Act continues to be a sticking point for employers, and a recent court case is one more example of what is wrong with how these claims are...

Ordinarily I would agree with the general proposition that oil and gas work on fixed platforms in state territorial waters is not covered by the Longshore and Harbor Workers’ Compensation Act...

The U.S. Supreme Court recently took a step forward in improving uniformity in the country’s maritime jurisprudence by resolving a conflict between the federal courts of appeal for the Ninth and...

There are cases, unremarkable on their facts and conventionally decided, that are nevertheless noteworthy. This article outlines one such example – a bridge case. Bridge work, whether constructing,...

The issues of situs and status as they relate to incidents in parking lots can present some tricky questions. There are also the issues arising out of and in the course of employment. These...

The issues of high seas and foreign waters arise frequently. We’ve discussed it before. We still do not have a uniform rule. The question is straightforward: Does the Longshore and Harbor Workers’...

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,...