Situs (2)

The Outer Continental Shelf Lands Act (OCSLA) extends the provisions of the Longshore and Harbor Workers’ Compensation Act to disabilities or death resulting from any injury occurring as the result...

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...

Courts use various methodologies to simplify factual analysis, organize the evaluation of evidence, recognize the triggering in shifts in the burden of proof, facilitate matching the facts of a case...

I don’t like the phrase “walking in and out of coverage”. It’s an artifact of the Longshore Act, pre-1972 Amendments version. The original 1927 statute had a single coverage requirement. An injury...

This is another discussion with regard to Status under section 2(3) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(3)). It’s about construction workers. This includes all of...

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....

I’ve occasionally referred to the fact that you do not always get the same answer to the same question from one federal circuit court of appeals to another with regard to certain issues arising...

On June 11, 2013, I mentioned the Joseph Tracy case, in which the federal Ninth Circuit Court of Appeals held that the Longshore Act did not apply in the territorial waters of foreign countries or...

There is one current Longshore Act coverage question that I don’t feel comfortable with. The question is usually along the lines of, “We’re sending workers overseas to do ship repair work (or some...

A significant event in Longshore Act jurisprudence has just occurred. The federal Fifth Circuit Court of Appeals issued a decision on April 29, 2013, in the case of New Orleans Depot Services,...

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...

The situs coverage provision of the Longshore Act, Section 3(a) (33 U.S.C. 903(a)) has been discussed on several prior occasions here, and situs questions keep coming up. We’ll just have to keep...

I’m three miles away from the water. I can’t possibly need USL&H insurance!” Don’t be too sure. Let’s talk about situs, again (see previous discussions, for example, October 12, 2011). By way of...

Previously, we discussed fights at work, and we recognized that fighting employees can quickly become workers’ compensation claimants. It would be helpful here if you referred back to the discussion...

An interesting question came up recently involving the issue of “situs” under the Longshore Act. I thought that I’d discuss it here and in the process review the whole “situs” concept. Looking back...

What about divers? Are they covered by the Longshore Act or are they crewmembers under the Jones Act and general maritime law? As usual, many coverage questions produce conditional opinions, and...

You’ve probably seen references to so-called “Perini” coverage when the issues of situs and status under the Longshore Act are being discussed. I make frequent reference to it myself, usually...

Work done on and around bridges is the subject of recurring questions with regard to coverage under the Longshore and Harbor Workers’ Compensation Act. So at the risk of doing more harm than good,...

Insurance carriers and brokers are puzzling through the coverage dilemmas presented by the Deepwater Horizon cleanup efforts. Are the shore side cleanup workers covered by state workers’...

If you go to the U.S. Department of Labor’s website (dol.gov), find your way under Agencies to Office of Workers’ Compensation Programs and then to the Division of Longshore and Harbor Workers’...