Workers' Compensation

Recent Posts

Injury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here?
Posted on 12 Jul 2013 by BRBS Longshore Reporter Staff

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. §... Read More

New Bill Proposes to Exclude Private Carriers from DBA Insurance Market
Posted on 14 Jun 2012 by John Kawczynski

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... Read More

Federal: D.C. Circuit Court Dismisses RICO Action for Alleged Tortious Conduct Related to Defense Base Act Claims
Posted on 12 Jun 2015 by Larson's Spotlight

A three-judge panel of the U.S. Court of Appeals, D.C. Circuit, affirmed in relevant part the dismissal of a class action lawsuit that alleged several government contractors, insurance companies, and third parties (“contractors”) had committed... Read More

Longshore Act: DOL West Coast Symposium III - October 1, 2013, San Francisco
Posted on 6 Sep 2013 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination
Posted on 30 Nov 2012 by Larson's Spotlight

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'... Read More

Supreme Court Rejects "Anything That Floats" Test to Determine Vessel Status
Posted on 11 Feb 2013 by John Kawczynski

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... Read More

Update from the Benefits Review Board (May 2014)
Posted on 9 May 2014 by BRBS Longshore Reporter Staff

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... Read More

2012 Annual Longshore Conference
Posted on 13 Jul 2012 by Ralph Lorberbaum

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... Read More

2015 Update from the Benefits Review Board
Posted on 11 Jun 2015 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore Division, U.S. Department of Labor, Washington, D.C. BRB Personnel News The membership of the Benefits Review Board has changed quite a bit in the past year. Judge Betty Jean Hall, who has been... Read More

Longshore Act: Deciphering Section 28(b) After Andrepont
Posted on 19 Oct 2012 by Paul B. Howell

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... 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

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

United States: Zone of Special Danger Doctrine of Defense Base Act Applies to Local Nationals, Not Just Those Sent Abroad to Work in Remote Locations
Posted on 28 Jul 2017 by Thomas A. Robinson

The judicially created zone of special danger doctrine [ see O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S. Ct. 470, 95 L. Ed. 483 (1951)] can be applied to local nationals employed in their home country under an employment contract covered... 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

Federal: Employee’s Death in Taxi Accident While He Shopped for Groceries Found Compensable Under Defense Base Act
Posted on 17 Jul 2015 by Larson's Spotlight

The 1st Circuit Court of Appeals affirmed an award of death benefits under the Defense Base Act (DBA) to the widow of an employee who died in an auto accident in Tbilisi, Georgia, while traveling by taxi to shop for groceries. The employee worked for... Read More