Employer

Since I recently discussed the fact that many state guarantee funds will not pay Longshore Act benefits in the event of an insurance carrier default due to insolvency, or will pay only to a limited...

There are employers who need Longshore Act coverage but don’t have it. These employers have employees who met the status and situs requirements for Longshore Act coverage, but the employers are...

How is the winner determined when a controverted Longshore case goes to a formal hearing at the Office of Administrative Law Judges? The ALJ considers all of the testimony and all of the...

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT ISSUE: Summary of Key Provisions – Part Two The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) is a federal workers’...

Employers should be aware that there is a remedy in the Longshore Act for workers who have been fired or “in any other manner” discriminated against for claiming or attempting to claim compensation...

It’s a common observation among employers, insurance carriers, and the defense bar that the Longshore Act is interpreted too liberally in favor of injured workers. Let’s assume that this observation...

I’d like to discuss a contentious issue: fights at work between coworkers. In the process we’ll see two more examples of the application of the Section 20 presumptions. It is obviously a problem...

INSOLVENCY - PART THREE We’ve previously looked at what happens when an insurance carrier defaults on the payment of benefits due to insolvency (Part One) and what happens when both the insurance...

Some questions come up over and over again. One such question involves foreign workers and/or foreign employers in the United States. Does the Longshore Act cover foreign workers? Does the Longshore...

Back on August 31, 2011, in Insolvency – Part One, we considered the circumstances where the insurance carrier was insolvent but the insured employer was solvent, and we concluded that if the...

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...

I think that the expression “independent contractor” is used too often in different contexts to mean different things. This results in confusion regarding the term. I would like to contribute to the...

The Longshore and Harbor Workers’ Compensation Act, enacted in 1927, was part of a socially progressive era in the United States, when sweeping changes were made in the areas of child labor, minimum...

What Is a Subdivision of a State Government?This question concerns employees who may or who may not be covered by the Longshore and Harbor Workers’ Compensation Act, depending on who the employer...

As I’ve said, over the years the same Longshore questions have been coming up again and again, and now with AEUs Longshore BLOG there’s a source where these questions can be answered. So here’s my...