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 the wages which the employee...
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, and...
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 power and authority...
By Thomas C. Fitzhugh, III, Esq., The Longshore Institute, Houston, Texas Before computerized legal research, lawyers had to rely on printed cases that came out first in paperback (advance sheets) and ultimately in beautifully bound volumes. Today those volumes...
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 issuing subpoenas...
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 Labor appointed...
By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. Introduction In 2012, the U.S. Supreme Court addressed for the first time the scope of workers’ compensation coverage under the Outer Continental...
By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi For 33 years the Fifth Circuit Court of Appeals promulgated an expansive view of the situs test for jurisdiction under the Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S...
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.” In May the...
By Monica Fekete Markovich and Alexandra Wood, Brown Sims, P.C., Houston, Texas At the outset of a Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq .) claim, only the claimant may bear any responsibility for the payment of his...
A Pennsylvania court has affirmed a trial court’s order that determined that an injured worker’s Longshore and Harbor Workers’ Compensation Act benefits could be attached to pay the worker’s alimony obligation. The ex-husband had argued that there was no exception...
Overview of Current Issues and Developments in Administrative Law Judges’ Decisions [n1] By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Many disputed Longshore claims[n2...
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...
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 U.S.C.S. § 906 (c), sets...
By Monica F. Markovich and Krystal L. Layher, Brown Sims, P.C., Houston, Texas Attention Lexis Online Subscribers: Citations link to Lexis Advance. Lexis.com links can be found at the end of this article . Should the Section 20(a) presumption linking an injury...