Federal Circuit 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...

Compensation benefits, whether temporary or permanent, are based on an injured workers’ average weekly wage. As such, if per diem payments are included in the average weekly wage calculation, 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....

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...

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...

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....