Fees

ANNUAL INCREASE By Industry Notice No. 162, dated September 12, 2017, The U.S. Department of Labor, which administers the Longshore Act, has announced the new National Average Weekly Wage (NAWW)...

The blog post from February 9, 2017 included a discussion of the U.S. Department of Labor’s Industry Notice No. 160, which announced the latest increase in the amounts of civil penalties under the...

The U.S. Department of Labor, Office of Workers’ Compensation Programs, which administers the Longshore and Harbor Workers’ Compensation Act, has released Industry Notice No. 160, dated January 25,...

On July 1, 2016, the U.S. Department of Labor (DOL) published an “interim final rule” in the Federal Register. It announced the upward adjustment of the amounts of civil penalties assessed or...

There are several sections in the Longshore Act that provide for civil or criminal fines and penalties. These provisions variously apply either to claimants or employers as specified. Here’s a list...

I mentioned last time that calendar year 2014 was relatively quiet for Longshore Act jurisprudence at the federal appellate level. There were no decisions at the U.S. Supreme Court. There were,...

Two weeks ago I discussed sections 28(a), (b), (c), and (e) of the Longshore Act. We considered under what circumstances liability to pay the claimant’s attorney’s fee is shifted to the employer and...

The so-called “American Rule” requires that litigants in U.S. courts bear their own expenses, including attorney fees. The Longshore Act, however, contains a “fee shifting” provision, whereby, under...

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...

How Do You Measure the 10 Day Rule For Paying Formal Awards Under Section 914(f)? Section 914(f) of the Longshore and Harbor Workers’ Compensation Act states, “Additional Compensation for overdue...