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Posts about
Defense Base Act (DBA)
Unique Cases Involving the Defense Base Act
We last considered the Defense Base Act (DBA) in the Longshore Insider when we discussed two claims that 1) involved an employee who was injured while showering in his private apartment during...
Timeliness of Filing Defense Base Act Claims (Part Two)
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...
Timeliness of Filing Defense Base Act Claims
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 ...
When Does the Zone of Special Danger Apply in Defense Base Act Claims?
The Defense Base Act (DBA) (42 U.S.C. 1651) is a workers’ compensation law that extends the benefits of the Longshore and Harbor Workers’ Compensation Act (Longshore Act) to employees outside of the...
How Do Defense Base Act Waivers Work?
On May 6, 2020, the U.S. Department of Labor (DOL) issued a new waiver covering the application of the Defense Base Act (DBA) in Guam. The DBA had previously been waived in its entirety with regard...
What is the Defense Base Act?
The Defense Base Act (DBA) (42 U.S.C. 1651) is a workers’ compensation law that extends the benefits of the Longshore and Harbor Workers’ Compensation Act (Longshore Act) to employees outside of the...
Interesting Longshore Cases From 2019 – Part Two
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....
Longshore Act Jurisprudence - Calendar Year 2017, Part I
This is Part One of a brief review of interesting (to me) cases decided during calendar year 2017 by the U.S. Department of Labor’s Benefits Review Board and the federal circuit courts of appeal. ...
Amendments to the Act, Part III
If the Act is to be opened for Amendment, there are other key issues currently the subject of conflict in the jurisprudence that can be addressed. The definition of “adjoining” in section 3(a) can...
Calendar Year 2016, Part I
Here is the first part of a list of some of the interesting (to me) cases from the U.S. Department of Labor’s Benefits Review Board (BRB) and the federal Circuit Courts of Appeal during calendar...
Longshore Act Extensions
This is the last (for now) of a group of posts dealing with recurring questions regarding the Longshore Act. Following is a discussion of three issues, one for each of the Act’s three extensions. ...
Longshore Act Questions - Coverage
There’s one thing (at least) that you can say about the Longshore and Harbor Workers’ Compensation Act. It’s never dull. Questions come up everyday as brokers and underwriters, claims specialists...
Joint and Several Liability, Hearing Loss, and Landmark Cases
Number 1. Joint and Several LiabilityI occasionally see references to the nature of ALMA member’s liability as “Joint and Several”. This is a serious misstatement.In fact, ALMA members are NOT, and...
Future Landmark Cases - Zone of Special Danger
I’m adding to my list of landmark Longshore Act Supreme Court decisions with a case that arose under the Defense Base Act (42 U.S.C. 1651, et seq.) (DBA). The case is O’Leary v. Brown-Pacific-Maxon,...
2015, Part II - Benefits Review Board
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...
Defense Base Waivers
I’ve discussed the Defense Base Act (DBA) (42 U.S.C. 1651) on several previous occasions so I’ll just briefly review it here and then discuss one particular aspect. The DBA is a workers’...
High Seas, Foreign Waters
Yogi Berra might have said this. “Some questions always come up, because they don’t come up that often.” You know. Sort of like, “Nobody goes there anymore. It’s too crowded”. Questions continue...
The Nonappropriated Fund Instrumentalities Act
We’ve discussed the Defense Base Act on several occasions, as well as the Outer Continental Shelf Lands Act. These are two well known extensions of the Longshore and Harbor Workers’ Compensation...
Circuit Conflicts
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...