Workers' Compensation

Recent Posts

United States: In Longshore Decision, No Abuse of Discretion in Adjusting Attorney’s Fees by National Consumer Price Index
Posted on 28 Nov 2018 by Thomas A. Robinson

With regard to a claim filed under the Longshore and Harbor Workers' Compensation Act (the Act), the Ninth Circuit Court of Appeals , in a decision not designated for publication, held that it was within the discretion of the Benefits Review Board... Read More

Connecticut: Causation Determination under Longshore Act Precludes Re-Litigation of Issue in State Workers’ Compensation Matter
Posted on 21 Sep 2018 by Thomas A. Robinson

An employer was collaterally estopped from litigating the issue of causation with respect to a death benefits claim filed by the widow of a worker who had been exposed to asbestos during his employment where that issue had already been litigated between... Read More

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

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

Exclusivity and Intentional Torts Under the Longshore and Harbor Workers’ Compensation Act and the Extension Acts
Posted on 6 Feb 2012 by Monica F. Markovich

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... 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

Longshore Act: Use and Abuse of Authorizations Versus Subpoenas
Posted on 2 Dec 2016 by BRBS Longshore Reporter Staff

The Challenge of Efficient and Informal Discovery Versus Privacy By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California Increasingly, even though the Office of Administrative Law Judges has a rather simple procedure for... Read More

Annual Longshore Conference, March 2018
Posted on 2 Apr 2018 by BRBS Longshore Reporter Staff

Loyola University Law School Presents Its Annual Longshore Conference in Conjunction with the U.S. Department of Labor, March 15-16, 2018 By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia Well, it is March in New Orleans... Read More

Longshore Act: Newly Awarded? Newly Entitled? Or Newly Paid?
Posted on 9 Mar 2012 by Jon Robinson

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. ... Read More

Federal: Offshore Oil Platform Not a Vessel; No Longshore Benefits Due for Injury
Posted on 26 Aug 2016 by Thomas A. Robinson

An offshore oil platform nicknamed “Big Foot” was not a “vessel” since it had no means of self-propulsion, had no steering mechanism or rudder, and had an unraked bow, held the Fifth Circuit Court of Appeals. Noting also that the... Read More

Diligent Search for Work or Just Diddling Around
Posted on 14 Oct 2011 by Paul B. Howell

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... Read More

About Time! New ALJ Regulations Finally Final
Posted on 28 Dec 2015 by BRBS Longshore Reporter Staff

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon... Read More

Update From the Benefits Review Board (May 2012)
Posted on 3 May 2012 by BRBS Longshore Reporter Staff

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... 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