Longshore & Harbor Workers' Compensation Act/LHWC (3)

Can an injured worker be covered concurrently under both the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Outer Continental Shelf Lands Act (OCSLA)? Spoiler alert – yes. Coverage...

Beverly Hale (Widow of Anthony R. Hale, Sr.) v. BAE Systems San Francisco Ship Repair and Signal Mutual Indemnity Association, Ltd., BRB No. 17-0523, 10/10/2018The issue in this case was whether the...

This blog is a continuation of our review of notable Longshore and Harbor Workers’ Compensation Act (LHWCA) court cases from 2018. Hamidullah Makhmoor v. Mission Essential Personnel, LLC and Zurich...

Section 2(12) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. section 902(12)) (“the Act”) defines “compensation” as “the money allowance payable to an employee or to his dependents...

On several prior occasions we have discussed the problematic coverage issues that arise where the Jones Act and the Longshore and Harbor Workers’ Compensation Act (the Longshore Act) overlap in the...

The Last (Maritime) Employer Rule and the Aggravation Rule are the two methods of assigning liability in Longshore Act cases. Since they are well-established in Longshore Act jurisprudence, it may...

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...

This is Part One of a brief review of interesting (to me) cases decided during calendar year 2017 by the U.S. Department of Labor’s Benefits Review Board and the federal circuit courts of appeal. ...

Clerical workers are excluded from Longshore Act coverage. Section 2(3)(A) (33 U.S.C. section 902(3)(A)) of the Longshore Act states: “The term ‘employee’ means any person engaged in maritime...

33 U.S.C. Section 916 states: “No assignment, release, or commutation of compensation or benefits due or payable under the Act, except as provided by this Act, shall be valid, and such compensation...

On March 15, 2017, the AEU Longshore blog discussed, in general terms, section 905(b) of the Longshore and Harbor Workers’ Compensation Act. To expand on that discussion, here are some section...

Section 5(b) of the Longshore Act, 33 U.S.C. 905(b), allows an injured maritime worker to bring a third party tort lawsuit against a vessel owner for vessel negligence. Section 5(b) states: “In...

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,...

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...

This is mostly a reiteration of information that I posted back in March 2014. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap...

There’s one thing (at least) that you can say about the Longshore and Harbor Workers’ Compensation Act. It’s never dull. Questions come up everyday as brokers and underwriters, claims specialists...

Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of claims under the Longshore Act. The...

Section 33(a) (33 U.S.C. 933(a)) of the Longshore Act provides that an injured worker may proceed in tort against a third party (not his employer) if he believes that the third party may be liable...

Subrogation Here is another contribution from Royce Ray, AEU’s Director of Subrogation. NOTE: Royce is a Certified Subrogation Recovery Professional (CSRP). The CSRP designation is conferred by...

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...