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Compensation Orders in Litigated LHWCA Claims: What the ALJs and the Parties Should Know

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 in the Benefits Review Board Service—Longshore...

Vickers Decision: Inapplicability of Sec. 20(a) Presumption to Secondary Conditions Under the LHWCA

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 to a claimant’s employment apply...

Update on the Meaning and Proper Application of Section 6(c) of the Longshore and Harbor Workers’ Compensation Act

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 a cap on the amount...

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...

Pennsylvania: Divorced Spouse May Attach Husband’s LHWCA Benefits to Collect Unpaid Alimony

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 to the LHWCA’s...

LHWCA Attorney Fee Shifting After Lincoln v. Director, OWCP (Everywhere but the 9th Circuit)

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 attorney’s...

About Time! New ALJ Regulations Finally Final

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 final rules were published...

Fifth Circuit Takes the Bang Out of Winchester

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.C.S. § 901 et seq .).[fn1] The situs...

OCSLA Coverage Post-the Supreme Court’s Decision in Valladolid

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 Shelf Lands Act (OCSLA), 43 U...

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...

Longshore Act: Use and Abuse of Authorizations Versus Subpoenas

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, it seems that claimants are instead...