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 v. Ceres Gulf , BRB Nos. 10-0562, 10-0562A (June 24, 2011) (unpublished) , the issue of the burden of proof was addressed when looking at conductive...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...

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...