Hearing Loss

The U.S. Department of Labor’s (DOL) Benefits Review Board (BRB) recently decided an appeal in a seemingly routine hearing loss case (Lon S. Key v. Electric Boat Corporation, BRB No. 18-0579,...

It’s surprising how cases and controversies continue to arise under the provisions of the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) outside of the big, basic, broad...

“Hello! How are you doing today?” “Watch out for that car coming!” “I love you Daddy/Mommy!” Every day, we hear phrases like these which convey different meanings and emotions such as happiness,...

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....

Adjudication of hearing loss claims under the Longshore Act continues to be a sticking point for employers, and a recent court case is one more example of what is wrong with how these claims are...

Under the Longshore Act, hearing loss claims can cause much frustration for employers. Not only are they nearly impossible to prevent, but once a claim is filed, many employers will pay more than...

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...

This is Part Two of a brief review of some interesting Longshore Act cases from calendar year 2017. In the Matter of the Complaint of Buchanan Marine, L.P., as Bareboat Charterer of the Barge...

It’s been 100 years since the U.S. Supreme Court’s decision in Southern Pacific RR Co. v. Jensen, (244 U.S. 205 (1917)), established the “Jensen” line, limiting the coverage of states’ workers’...

A recent decision from the U.S. Department of Labor’s Benefits Review Board (“the Board”) illustrates some challenges related to the adjudication of hearing loss claims under the Longshore and...

Here is Part Two of a brief summary of interesting (to me) cases from calendar year 2016. David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company;...

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...

Recently I’ve discussed issues arising under the Longshore Act that present conflicts among the federal circuit courts of appeal or other uncertainties. These issues would benefit from a resolution...

I will point out what I think are inequities in the way that hearing loss claims are handled under the Longshore Act. But first, I understand that hearing loss is clearly a legitimately compensable...