Court Cases (2)

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’...

Can an injured worker be covered concurrently under both the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Outer Continental Shelf Lands Act (OCSLA)? Spoiler alert – yes. Coverage...

Beverly Hale (Widow of Anthony R. Hale, Sr.) v. BAE Systems San Francisco Ship Repair and Signal Mutual Indemnity Association, Ltd., BRB No. 17-0523, 10/10/2018The issue in this case was whether the...

OSHA recently appealed on an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine. This is a significant change to the interpretation and enforcement...

Calendar year 2018 was a relatively uneventful year for jurisprudence under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Although there are several important issues that still need...

Some cases that arise under the Longshore and Harbor Workers’ Compensation Act (“the Act”), while not landmarks in the development of jurisprudence, are interesting nonetheless as useful...

Last time I listed my Top Ten Longshore Act issue conflicts among the federal circuit Courts of Appeal. This time I’d like to list my Top Three conflicts that have recently been resolved, or at...

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...

A couple of weeks ago in “ Interesting Year – Part One” we noted that with regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several...

With regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several cases were decided (or are in the process of being decided) at the U.S....

On January 11, 2012, the U.S. Supreme Court heard oral arguments in the case of Roberts v. Sea-Land Services, Inc. et al. I’ve discussed the Roberts case here on the AEU Longshore blog on December...

Are employees of port authorities covered under the Longshore and Harbor Workers’ Compensation Act? This is a question that comes up regularly, but infrequently enough to seem novel. Of course, and...

Have you ever noticed that the conversations among lawyers who specialize in the Longshore Act frequently seem to consist of cryptic, single word references? The code word is usually a reference to...