Longshore & Harbor Workers' Compensation Act/LHWC

This is part two of our look into interesting cases decided during calendar year 2022. Here are some non-DBA cases from the Benefits Review Board (BRB):

There is a principle basic to the concept of workers’ compensation laws that must be resolved at the initial stage of a claim: For compensation to be payable under a workers’ compensation law, the...

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...

On July 1, 2016, the U.S. Department of Labor (DOL) implemented the Inflation Adjustment Act of 2015. The act requires that civil penalties be adjusted to match that of the U.S. inflation rate. On...

The American Equity Underwriters, Inc. launched its blog in April 2009. Moderated by longshore expert Jack Martone, the blog focused on providing valuable information, advice, and commentary on the...

When do construction workers meet “status” for coverage under section 902(3) of the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) (33 U.S.C. Section 901 et seq.)?

"Let's turn inflation over to the post office. That will slow it down." –Mo Udall (1922-1998), former U.S. Representative from Arizona

The intricacies and nuances of the Longshore Act can be complex and challenging to understand. From time to time, Longshore Insider pops the hood and takes a closer look at some of the most pertinent...

Employers ensure their liability for the illness, injury, or death of employees that occur in the course and scope of employment and arise out of the employment. Land-based maritime workers are...

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 discussion will focus on liability and workers’ compensation coverage issues for injured employees involved in bridge maintenance, repair, construction, and demolition. The discussion will be...

Jurisprudence under the U.S. Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act), (33 U.S.C. 901 et seq.) requires the attention of the U.S. Supreme Court. There are...

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...

There were many interesting cases decided during calendar year 2021 that involved the Longshore and Harbor Workers’ Compensation Act (LHWCA, or Longshore Act) and extensions, and related...

There is an inexhaustible supply of questions regarding coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA or Longshore Act) (33 U.S.C. 901 et seq.). Recently, so many...

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 Longshore and Harbor Workers’ Compensation Act (LHWCA, or the Longshore Act), 33 U.S.C. 901 et seq., is enforced and administered by the U.S. Department of Labor (DOL). Longshore Insider...

Congress made two attempts last year to expand coverage of the Longshore Act to employees diagnosed with or quarantined because of COVID-19. Those proposed amendments would have made COVID-19 claims...

The USS Alabama is a decommissioned World War II U.S. Navy battleship that has been designated as a National Historic Landmark. It comprises part of the Veteran’s Memorial Park in Mobile, Alabama....