LexisNexis® Legal Newsroom
Who Is an "Employee": Construction Workers, Dock Workers, and Specialty Occupations

Coverage Generally: "Situs," "Status," and Who is an "Employee"? As originally enacted in 1927, the LHWCA ( 33 U.S.C.S. § 901 et seq.) sought to compensate for the states' constitutional inability to provide remedies for employment injuries occurring on navigable...

Longshore Update from the Benefits Review Board

The Board began this fiscal year in October 2009 with 118 pending Longshore appeals. Historically, appeals are filed in about 10 percent of the Longshore cases decided by OALJ. During the last fiscal year, which ended September 30, 2009, the Board received 229 appeals in cases under the Longshore Act...

Appeal of Defense Base Act Claims to the Courts: The Disagreement Over Forum Continues

The proper court to review a Defense Base Act decision on appeal from the Benefits Review Board has been a source of confusion for decades. Because the Defense Base Act (DBA, 42 U.S.C.S. § 1651 et seq.) is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C.S...

Longshore Act: Department of Labor-Appointed Independent Medical Examinations

The District Director, OWCP, may order an examination of the claimant by an independent medical examiner when a medical question exists with regard to the claimant’s diagnosis, extent, effectiv eness of appropriate treatment or the duration of any such care or treatment. See 20 C.F.R. § 702...

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 v. Ceres Gulf , BRB Nos. 10-0562, 10-0562A (June 24, 2011) (unpublished) , the issue of the burden of proof was addressed when looking at conductive...

As Iraq War Winds Down, Some DBA Issues Are Resolved While Others Remain in Dispute

By Mark A. Reinhalter, Counsel for Longshore Office of the Solicitor, U.S. Department of Labor, Washington, D.C. A quiet ceremony in Baghdad on December 15, 2011 marked the official end of the United States intervention in Iraq ( Washington Post , December 15, 2011 ). In support of the military operations...

Update From the Benefits Review Board (May 2012)

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 last fiscal year, which ended September 30, 2011...

Board Clarifies Procedures in Defense Base Act Cases Where the Insurance Carrier May Be Entitled to War Hazards Compensation Act Reimbursement

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 increased the significance of the Defense...

Update From the Benefits Review Board (May 2013)

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 Reporter (LexisNexis). BRB Statistical...

Update from the Benefits Review Board (May 2014)

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 the Department of Labor. Judge Betty...

Resolving Longshore Claims Through Settlements and Stipulations

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] referred to the Office of Administrative...

2015 Update from the Benefits Review Board

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 the Acting Chair and Chief Administrative Appeals...

Update from the Benefits Review Board (July 2016)

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 Jonathan Rolfe as the Board’s...