Longshore & Harbor Workers' Compensation Act/LHWC (4)

This is a continuation of our discussion concerning the authority and responsibility of the U.S. Department of Labor’s District Directors in the adjudication/administration of claims under the...

The U.S. Department of Labor, which administers the Longshore and Harbor Workers’ Compensation Act, has a three step process for adjudicating claims. The first step is informal proceedings at the...

Yogi Berra might have said this. “Some questions always come up, because they don’t come up that often.” You know. Sort of like, “Nobody goes there anymore. It’s too crowded”. Questions continue...

We all have our favorite sections of the Longshore Act. There are the cryptic “status” and “situs” provisions of sections 2(3) and 3(a). There are the sweeping medical care provisions of section 7;...

Is it a good idea for an employer to monitor the post injury earnings of an employee to whom it is paying disability benefits under the Longshore Act? Yes. Does the Act provide a way to do this?...

Section 20 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 920) contains several key presumptions. It states:In any proceeding for the enforcement of a claim for compensation under...

I recently referred to a case which involved modification under section 22 of the Longshore Act (33 U.S.C. 922). In this case, the federal Fifth Circuit Court of Appeals confirmed that modification...

This is the conclusion of a brief review of some interesting Longshore Act and Jones Act cases that were decided in calendar year 2014. William C. Skye v. Maersk Line, 11th Circuit, 5/15/14 This...

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,...

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT ISSUE: Summary of Key Provisions – Part Two The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) is a federal workers’...

Maximum/Minimum Weekly Compensation Rates 10/01/2014 – 09/30/2015 – $1,377.02/$344.26 10/01/2013 – 09/30/2014 – $1,346.68/$336.67 10/01/2012 – 09/30/2013 – $1,325.18/$331.30 10/01/2011 –...

Based on telephone calls and e-mails that I’ve received, there has been renewed interest in a topic I discussed back in November 2013. This involves section 3(d) of the Longshore Act (33 U.S.C....

This is an update regarding recent significant events involving the Longshore Act. The good news is that, considering “recent” to be from January 1, 2013, to the present, there hasn’t been too much...

This is mostly a reiteration of a piece that I posted on August 5, 2010. It’s important, in my opinion, and it bears repeating. Brokers and maritime employers should be aware of a potential gap in...

We’ve discussed the Defense Base Act on several occasions, as well as the Outer Continental Shelf Lands Act. These are two well known extensions of the Longshore and Harbor Workers’ Compensation...

I’ll pick up where I left off last time, with a look at some more cases that made calendar year 2013 interesting in the Longshore context. I’ll also mention some important administrative events at...

Section 3(d) of the Longshore Act (33 U.S.C. 903(d)) states: “3(d)(1) – No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the...

It’s time for the annual reminder to employers and brokers regarding the insurance requirement under the Longshore and Harbor Workers’ Compensation Act. First, what the Act says: 33 U.S.C....

1984 to Present The Longshore Act was significantly amended again in 1984. We were (and are) still trying to sort out the concepts of status and situs that were added in 1972. Then along came the...

II. 1927 – 1972 In 1927, finally convinced that the only way to provide workers’ compensation protection for land based workers injured over navigable waters was to enact a federal law, Congress...