Longshore & Harbor Workers' Compensation Act/LHWC (5)

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...

I. 1910 – 1927 General Maritime Law U.S. Constitution Social Conscience II. 1927 – 1972 Longshoremen’s and Harbor Workers’ Compensation Act Twilight Zone and Coverage Confusion Change

Unfortunately, Brandon Miller, the Chief, Branch of Insurance and Financial Management at the Division of Longshore and Harbor Workers’ Compensation, Office of Workers’ Compensation Programs, U.S....

Section 20(a) of the Longshore Act (33 U.S.C. 920(a)) states: In any proceeding for the enforcement of a claim for compensation under this Act it shall be presumed, in the absence of substantial...

Maritime employers have received some good news, courtesy of the U.S. Supreme Court. On March 20, 2012, the court issued its decision in the case of Roberts v. Sea-Land Services, Inc., et al., a...

Back on August 31, 2011, in Insolvency – Part One, we considered the circumstances where the insurance carrier was insolvent but the insured employer was solvent, and we concluded that if the...

On December 30, 2011, the U.S. Department of Labor (DOL) published final regulations (at 20 CFR Part 701) implementing the amendment to section 902(3)(F) that was contained in the American Recovery...

Reminder: What follows are some observations and a summary of general principles based on my reading of the statute, regulations and case law. Obviously, such statements of general principles and...

What happens when an insurance carrier defaults on its obligations under the Longshore and Harbor Workers' Compensation Act due to insolvency? I’ll discuss several insolvency scenarios in four...

Part Four This is a continuation of a series listing key proposed changes to the Longshore Act contained in S. 669 now pending in the 112th Congress. Thirty One – New Section 908(k) proposes to...