Situs

There is an inexhaustible supply of questions regarding coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA or Longshore Act) (33 U.S.C. 901 et seq.). Recently, so many...

The USS Alabama is a decommissioned World War II U.S. Navy battleship that has been designated as a National Historic Landmark. It comprises part of the Veteran’s Memorial Park in Mobile, Alabama....

We have another situs case involving an injury in a parking lot. Henry Hall v. Ceres Gulf, Incorporated, BRB No. 17-0070, January 31, 2020 The injured worker was a truck driver at the Port of...

This post is a continuation of our review of interesting cases decided during 2019 (see Part One here). Michael T. Long v. Tappan Zee Constructors, LLC, and Ace American Insurance Company, BRB No....

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...

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...

Over the years, we’ve discussed numerous times on our blog the concepts of “situs” and “status” and the statutory coverage exclusions. Questions about these concepts arise every day. Here are a few...

If the Act is to be opened for Amendment, there are other key issues currently the subject of conflict in the jurisprudence that can be addressed. The definition of “adjoining” in section 3(a) can...

Questions regularly arise with regard to Longshore Act coverage for dredging operations. These operations present several key coverage issues worth discussing. Overview Dredging is usually done to...

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...

Here is Part Two of a brief summary of interesting (to me) cases from calendar year 2016. David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company;...

We have a new truck driver case from the U.S. Department of Labor’s Benefits Review Board (BRB). This one deals with the issue of situs as well as status. The decision also ducks the question of...

Here are some more examples of the types of questions that come up on a regular basis. Question Number 6 Is there USL&H exposure in a contract to construct or renovate a waterside restaurant? ...

We observed last time that the issues involved in the “concurrent” jurisdiction question included the competing concepts of individual state police powers versus the need for uniform federal...

Earlier in 2016, I discussed the last case on my list of the top six landmark Longshore Act cases. This time what I’d like to do is to identify the landmark cases that we need but that we don’t yet...

This is a continuation of a brief list of calendar year 2015 Longshore Act related cases from the Benefits Review Board and the federal courts of appeal that I found interesting. Crosby Forbes v....

Principal Skinner once introduced Lisa Simpson as, “The answer to the question nobody asked”. Yes, Lisa could occasionally be an annoying, obtrusive know it all. In that same vein, it has occurred...

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...

As we’ve frequently discussed, a worker must meet the maritime employment “status” test for Longshore Act coverage (section 2(3) of the Act), and he also must independently meet the “situs” or...

I think that this is a good time to mention again a longstanding but perennially overlooked coverage concept. (I resisted the urge to use Perini-ally overlooked. You’re welcome.) It’s a...