Workers' Compensation

Recent Posts

Officer, Employee or Tools: The Role of Administrative Law Judges
Posted on 27 Jul 2018 by BRBS Longshore Reporter Staff

By Stephen C. Embry, Esq., Embry and Neusner The Supreme Court on June 21, 2018 rendered a decision in Lucia et al. v. Securities and Exchange Commission, __ U.S. __, 2018 U.S. LEXIS 3836 , No. 17-130, which may have significant impact on the role that... Read More

Post-retirement Disability Claims under the Longshore Act (2018)
Posted on 9 Jul 2018 by BRBS Longshore Reporter Staff

By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Section 2(10) of the Longshore Act defines “disability” as “incapacity because of injury to earn... Read More

National and State-by-State Workers' Comp News Roundup Powered by Larson's (5/13/2013)
Posted on 13 May 2013 by LexisNexis Communities Staff

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: Columnist Warns About Loss of State Regulated Workers’... Read More

Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds
Posted on 6 Jan 2012 by Jennifer Jordan

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... Read More

LHWCA: Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity
Posted on 29 Feb 2012 by BRBS Longshore Reporter Staff

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... Read More

Practical Application of Roberts vs. Sea-Land Services, Inc.
Posted on 25 Apr 2012 by Monica F. Markovich

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas On March 20, 2012, the U.S. Supreme Court rendered its decision in the Roberts vs. Sea-Land Services, Inc. , holding that the maximum compensation rate is determined by... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/25/2011) – Climbing Over Guardrail and Jumping or Falling 60 Feet Was Not Within Course of Employment
Posted on 23 Nov 2011 by Larson's Spotlight

Larson's Spotlight on Statute of Limitations, Structured Settlements, Special Errand, Unexplained Fall, and LHWCA Maximum Weekly Rate. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

The Supremes Consider OCSLA
Posted on 28 Oct 2011 by Thomas C. Fitzhugh, III

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... Read More

Update From the Benefits Review Board (May 2013)
Posted on 19 May 2013 by BRBS Longshore Reporter Staff

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... Read More

Practical Application of Roberts vs. Sea-Land Services, Inc.
Posted on 25 Apr 2012 by Admin

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas On March 20, 2012, the U.S. Supreme Court rendered its decision in the Roberts vs. Sea-Land Services, Inc. , holding that the maximum compensation rate is determined by... Read More

The Scope of an ALJ’s Authority Under the LHWCA
Posted on 18 Jan 2018 by BRBS Longshore Reporter Staff

By Mark Reinhalter, Office of the Solicitor, U.S. Department of Labor, Washington D.C. Section 19(a) of the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides the agency official who conducts hearings on claims for benefits “full... Read More

Update on the Meaning and Proper Application of Section 6(c) of the Longshore and Harbor Workers’ Compensation Act
Posted on 17 Apr 2014 by Mark A. Reinhalter

By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. Editor’s Note: Citations link to Lexis Advance. Section 6(c) of the Longshore and Harbor Workers’ Compensation Act, 33... Read More

Update from the Benefits Review Board (July 2016)
Posted on 26 Jul 2016 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore Division BRB Personnel News Last year, I reported on the retirement of Judges Dolder, Smith and McGranery, and the appointments of Judges Buzzard and Gilligan. In July 2015, the Secretary of... Read More

Compensation Orders in Litigated LHWCA Claims: What the ALJs and the Parties Should Know
Posted on 19 May 2013 by BRBS Longshore Reporter Staff

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... Read More

Board Clarifies Procedures in Defense Base Act Cases Where the Insurance Carrier May Be Entitled to War Hazards Compensation Act Reimbursement
Posted on 8 Apr 2013 by Mark A. Reinhalter

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... Read More