Longshore Act: Department of Labor-Appointed Independent Medical Examinations

The District Director, OWCP, may order an examination of the claimant by an independent medical examiner when a medical question exists with regard to the claimant’s diagnosis, extent, effectiv eness of appropriate treatment or the duration of any such care or treatment. See 20 C.F.R. § 702...

Longshore Act: Reasonable Hourly Rate Determination – Overview of Recent Decisions

"Fee litigation occurs on a case-to-case basis and is often protracted, complicated, and exhausting. There is little doubt that it should be simplified to the maximum extent possible." [FN1] By Yelena Zaslavskaya Senior Attorney for Longshore, Office of Administrative Law Judges U.S. Department...

Update From the Benefits Review Board

By Karen Koenig, Associate General Counsel, Longshore Benefits Review Board, U.S. Department of Labor, Washington, D.C. BRB Update The Benefits Review Board began this fiscal year in October 2010 with 130 pending Longshore appeals. Historically, appeals are filed in about 10 percent of the...

Cal. Comp. Cases May Advanced Postings (5/25/2011)

Here's the fifth batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Robert Erickson, Petitioner v. Workers' Compensation Appeals Board, Rau and Associates, Inc., Travelers...

Longshore Act: The Burden of Proof - Conductive vs. Sensorineural Hearing Loss

By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California In a recent decision by the Benefits Review Board (Norris Plaisance, Sr. v. Ceres Gulf , BRB Nos. 10-0562, 10-0562A (June 24, 2011) (unpublished) , the issue of the burden of proof was addressed when looking at conductive...

Diligent Search for Work or Just Diddling Around

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability is defined at 33 U.S.C.S. § 902 (10) as...

Diligent Search for Work or Just Diddling Around

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability is defined at 33 U.S.C.S. § 902 (10) as "incapacity...

The Supremes Consider OCSLA

Thomas C. Fitzhugh, III, Fitzhugh & Elliott, P.C., Houston, Texas, addresses a case on the Supreme Court's upcoming docket that directly addresses concerns of the Longshore community: Valladolid v. Pacific Operations Offshore, LLP , 604 F.3d 1126 , 44 BRBS 35(CRT) (9th Cir. 2010), cert. granted...

The Supremes Consider OCSLA

Thomas C. Fitzhugh, III, Fitzhugh & Elliott, P.C., Houston, Texas, addresses a case on the Supreme Court's upcoming docket that directly addresses concerns of the Longshore community: Valladolid v. Pacific Operations Offshore, LLP , 604 F.3d 1126 , 44 BRBS 35(CRT) (9th Cir. 2010), cert. granted...

U.S. Supreme Court to Review Longshore Average Weekly Wage Issue

By John E. Kawczynski Field Womack & Kawczynski, LLC, South Amboy, New Jersey The Supreme Court has granted certiorari in the case of Dana Roberts v. Director, OWCP (Sea-Land Services, Inc.), 625 F.3d 1204 , 44 BRBS 73(CRT) (9th Cir. 2010). This case will resolve a split in the circuits regarding...

Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Medicare set-asides have become an albatross for all insurers. And despite all their efforts to do exactly what CMS wants in the interest of protecting the Medicare Trust funds, CMS is constantly changing the rules or arbitrarily making random...

Exclusivity and Intentional Torts Under the Longshore and Harbor Workers’ Compensation Act and the Extension Acts

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas[fn1] Section 905(a) limits the liability of an employer and its insurance carrier for benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq.) by stating...

LHWCA: Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity

By Yelena Zaslavskaya, Senior Attorney for Longshore Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Relevant Precedent [fn1] Case precedent prescribes the rules for identifying the responsible employer/carrier in cases potentially involving multiple traumatic injuries...

Longshore Act: Newly Awarded? Newly Entitled? Or Newly Paid?

At the Roberts Argument, SCOTUS Tries to “Make Sense” of Section 906(c) By: Jon B. Robinson[fn1] I. Introduction: On January 11, 2012, the Supreme Court of the United States heard oral argument in Roberts v. Sea-Land Services, Inc. , a case addressing Section 906 of the Longshore and...

Update From the Benefits Review Board (May 2012)

By Karen Koenig, Associate General Counsel, Longshore, Benefits Review Board, United States Department of Labor, Washington, D.C. BRB Statistical Update The Board began this fiscal year in October 2011 with 148 pending Longshore appeals. During the last fiscal year, which ended September 30, 2011...

I Can See Clearly Now, Just Can’t Hear So Good

By Stephen Embry, Embry and Neusner, Groton, Connecticut In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this philosophy, past words have meaning and are the expression...

The Case for Clear Guidelines for Nurse Case Managers

By Steven M. Birnbaum, Law Offices of Steven Birnbaum, San Rafael, California The cost of medical care has risen throughout our society and calls for cost control are no louder than in workers' compensation cases and Longshore cases are included in that. Thus, the insurance industry has tried a...

Larson’s Spotlight on Recent Cases: Factual Issues Related to Fatal Shooting of Employee Preclude Summary Judgment on Exclusivity Issue

Larson's Spotlight on Exclusive Remedy, Unusual Risk, LHWCA & Average Weekly Wage, and Hearsay Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination

Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Update From the Benefits Review Board (May 2013)

By Karen Koenig, Associate General Counsel, Longshore, Benefits Review Board, Washington, D.C. © Copyright 2013 U.S. Dept. of Labor. All rights reserved. Reprinted with permission. This article appeared in the Benefits Review Board Service—Longshore Reporter (LexisNexis). BRB Statistical...

Compensation Orders in Litigated LHWCA Claims: What the ALJs and the Parties Should Know

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. © Copyright 2013 U.S. Department of Labor. All rights reserved. Reprinted with permission. This article appeared in the Benefits Review Board Service—Longshore...

Longshore Act: DOL West Coast Symposium III - October 1, 2013, San Francisco

Loyola University New Orleans College of Law In Conjunction with The United States Department of Labor Presents DOL West Coast Symposium III Tuesday, October 1, 2013 San Francisco Federal Bldg., 90 7th Street, Joint Auditorium B-040 – B-020, 7th and Mission, San Francisco,...