Contractor Deaths Accelerating in Afghanistan as They Outnumber Soldiers

A recent Congressional Research Service analysis obtained by ProPublica looked at the number of civilian contractors killed in Afghanistan in recent months. It's not pretty. Of the 289 civilians killed since the war began more than eight years ago, 100 have died in just the last six months. That's...

US DoL Proposes Clarification of Procedure for Defense Base Act Waivers

WASHINGTON, D.C. - The U.S. Department of Labor's semiannual regulatory agenda states that the Office of Worker's Compensation Program will propose a regulation to clarify the procedures for agencies to request a Defense Base Act waiver from the Secretary of Labor. The timetable for the notice...

Appeal of Defense Base Act Claims to the Courts: The Disagreement Over Forum Continues

The proper court to review a Defense Base Act decision on appeal from the Benefits Review Board has been a source of confusion for decades. Because the Defense Base Act (DBA, 42 U.S.C.S. § 1651 et seq.) is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C.S...

2011 Annual Longshore Conference

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia Loyola University put on its annual Longshore Conference on March 24 and 25, 2011, in New Orleans before almost three hundred and fifty (350) attendees, which is the largest audience anyone could ever remember to be...

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...

Reimbursement Claims Under the WHCA: An Interview with Roger Levy

By Karen Yotis, Esq. ( Editor's Note: The following is an excerpt of a LexisNexis Emerging Issues Analysis commentary. Information on purchasing the complete article is set forth below .) When the matter at hand involves the Defense Base Act (DBA) or a reimbursement claim under the War Hazards...

As Iraq War Winds Down, Some DBA Issues Are Resolved While Others Remain in Dispute

By Mark A. Reinhalter, Counsel for Longshore Office of the Solicitor, U.S. Department of Labor, Washington, D.C. A quiet ceremony in Baghdad on December 15, 2011 marked the official end of the United States intervention in Iraq ( Washington Post , December 15, 2011 ). In support of the military operations...

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...

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...

New Bill Proposes to Exclude Private Carriers from DBA Insurance Market

By John E. Kawczynski, Field, Womack & Kawczynski, LLC, South Amboy, New Jersey Congressman Elijah E. Cummings (D-MD), the Ranking Member of the House Oversight and Government Reform Committee, has introduced the “Defense Base Act Insurance Improvement Act of 2012” (H.R. 5891) which...

2012 Annual Longshore Conference

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia A record crowd of 342 were in attendance at the 34th Annual Loyola Longshore Conference held in New Orleans on March 15 and 16, 2012. Excellent speakers presented well-prepared papers and oral presentations on a number of...

The Boundaries of the LHWCA/DBA: Fisher, et al. v. Halliburton, et al.

By Stephen M. Vaughan, Esq., Tucker, Vaughan, Gardner & Barnes, Houston, Texas Claimants and their attorneys have long tried to reach outside the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C.S. § 901 et seq .) and its progeny to find additional causes of action against employers...

The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile"

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, Stuart D. Colburn of Downs Stanford will speak and moderate on The New Mobile Workforce. The new mobile workforce – from telecommuters to alternate worksites to traveling employees – raises...

Longshore Act: Deciphering Section 28(b) After Andrepont

By Paul B. Howell, Esq., Franke & Salloum, PLLC, Gulfport, Mississippi In 1822, a sweaty scientist in a dimly-lit room looked at a rock from Egypt and discovered the key to decoding Egyptian hieroglyphics. 175 years later, a Fifth Circuit Court of Appeals judge with a cup of coffee in his hand...

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...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (2/4/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Study Examines Relationship Between Health Care Settings, Physical Rehab for Injured Workers . NIOSH...

Supreme Court Rejects "Anything That Floats" Test to Determine Vessel Status

By John E. Kawczynski Field Womack & Kawczynski, LLC . South Amboy, New Jersey In Lozman v. City of Riviera Beach, Florida, 2013 U.S. LEXIS 907 , 568 U.S. ____, 184 L. Ed. 2d 604 (Jan 15, 2013), the U.S. Supreme Court was asked to determine whether the City of Riviera Beach, Florida, properly claimed...

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U.S.C.S. § 901 et seq.). Where the compensation...

Board Clarifies Procedures in Defense Base Act Cases Where the Insurance Carrier May Be Entitled to War Hazards Compensation Act Reimbursement

By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. The unprecedented degree of private contracting that accompanied the military interventions in Afghanistan in 2001 and Iraq in 2003 dramatically increased the significance of the Defense...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (4/15/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Group Calls for State-Run SSI System With Parallel Features of State WC System . NCCI’s 2013...

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...

Injury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here?

By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California Section 908(a)(13) (33 U.S.C.S. § 908(a)(13)(E)) defines compensation for disability under the Longshore and Harbor Workers' Compensation Act (33 U.S.C.S. § 901 et seq .) and prescribes that “Determinations...

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,...

Update from the Benefits Review Board (May 2014)

By Karen Koenig, Associate General Counsel, Longshore Benefits Review Board, United States Department of Labor Washington, D.C. BRB News On April 30, 2014, Chairman and Chief Administrative Appeals Judge Nancy S. Dolder retired after 29 years of service with the Department of Labor. Judge Betty...