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

Fisheries Observers If the same question comes up twice in one week, then it’s probably worth discussing in a blog article. The question involves personnel on board vessels for the purpose of...

There are a few general principles to keep in mind when considering coverage for independent contractors under the Longshore and Harbor Workers’ Compensation Act (Longshore Act). 1. The Longshore...

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...

There are cases, unremarkable on their facts and conventionally decided, that are nevertheless noteworthy. This article outlines one such example – a bridge case. Bridge work, whether constructing,...

The issues of situs and status as they relate to incidents in parking lots can present some tricky questions. There are also the issues arising out of and in the course of employment. These...

The issues of high seas and foreign waters arise frequently. We’ve discussed it before. We still do not have a uniform rule. The question is straightforward: Does the Longshore and Harbor Workers’...

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...