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

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...

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 –...