Defense Base Act (DBA)

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...

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 ...

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...

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...

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...

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....

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. ...

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...

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...

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. ...

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...

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...

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,...

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...

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’...

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...

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...

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’d like to remind everyone about the Defense Base Act (DBA). We last looked at it here in February, 2010, so it’s time for another review. First, an update on claims reported under the DBA:...