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Exclusivity and Intentional Torts Under the Longshore and Harbor Workers’ Compensation Act and the Extension Acts

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas[fn1] Section 905(a) limits the liability of an employer and its insurance carrier for benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq.) by stating...

The Resiliency of the Exclusive Remedy Rule

Thomas A. Robinson on the Resiliency of the Exclusive Remedy Rule for Workers' Compensation, 2012 Emerging Issues 6792 . This commentary highlights the important components of the workers' compensation exclusive remedy defense and its principle exceptions, and provides a framework within which...