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 As originally enacted in 1927, the LHWCA ( 33 U.S.C.S. § 901 et seq.)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...

2010 Annual Longshore Conference

On March 18 and 19, 2010, the Annual Longshore Conference put on by Loyola University and the United States Department of Labor was held in New Orleans. Despite the current state of the economy in the United States, a record turnout of over 310 people attended. Included in the attendees were Acting Chief...

Five Recent Workers’ Comp Cases You Should Know About (8/12/2011) – Technician’s Back Injury Claim Not Barred On Basis That Stooping and Bending to Retrieve Tools Were Normal Activities of Daily Life

Larson's Spotlight on Normal Activities of Daily Life, Misrepresentation of Medical Condition, Recusal of Hearing Officer, Obesity and Personal Risk, and Exclusive Remedy of Longshore Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

Diligent Search for Work or Just Diddling Around

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 is defined at 33 U.S.C.S. § 902 (10) as "incapacity...

Diligent Search for Work or Just Diddling Around

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 is defined at 33 U.S.C.S. § 902 (10) as...

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...

The Fog of Adequacy

By Stephen Embry, Embry and Neusner, Groton, Connecticut The driving force of the law is fear, which promotes dispute resolution. In the ordinary course of human affairs disputes and controversies arise and are resolved informally. It is rare that the dispute leads to the formal procedures of litigation...

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...