Practice: Workers’ Compensation
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Maritime Casualty
LHWCA: “Other Adjoining Areas” Must Be Contiguous to Navigable Waters
- September 23, 2013
- By Allen & Gooch
Status and Situs An individual seeking workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) must satisfy two separate requirements—“status” and “situs.” The “status” test requires that the recipient of benefits be engaged in “maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor worker including a […]
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Maritime Casualty
Defending Workers Compensation Fraud Just Got Easier
- September 20, 2013
- By Allen & Gooch
Employers can now file for expedited hearing to force claimants to execute workers compensation fraud forms without having to file a 1008 disputed claim.
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Maritime Casualty
Changes For Out-Of-State Insurance Companies Possible In Workers’ Comp
- March 25, 2013
- By Allen & Gooch
In Faustino Duarte-Ortega v. Disaster Recovery Services, LLC d/b/a D R Services and Dallas National Insurance Carrier, no. 12-883 (La. App. 5 Cir. 12/27/12), the Louisiana Fifth Circuit Court of Appeals denied a writ application by the defendants. The trial court below ordered the defendants to retain an in-state claims adjuster to handle Mr. Duarte-Ortega’s compensation claim under […]
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Maritime Casualty
US Supreme Court Uses “Substantial Nexus” Test to Determine Coverage
- February 11, 2012
- By John Hughes
Circuit Split Resoved in Favor of “Substantial Nexus” In January 2012, the U.S. Supreme Court resolved a circuit split concerning the applicable standard for coverage under the Longshore and Harbor Workers Compensation Act (LHWCA) through the Outer Continental Shelf Lands Act (OCSLA) in Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012). OCSLA […]