Tag: LHWCA
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Maritime Casualty
Fifth Circuit Again Addresses LHWCA’s “Other Adjoining Areas”
- November 27, 2013
- By Allen & Gooch
Another Look at “Other Adjoining Areas” Only six months after its decision in New Orleans Depot Servs., Inc. v. Director, Office of Worker’s Compensation Programs, 718 F.3d 384 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals once again addressed the issue of what was a covered situs under the Longshore and Harbor Workers […]
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Maritime Casualty
Punitive Damages allowed by Louisiana Federal Court in LHWCA Suit
- October 9, 2013
- By Allen & Gooch
Will Punitive Damages Now be Available in Louisiana for Offshore Injuries? In Callahan v. Gulf Logistics, L.L.C., No. 6:06-CV-561 2013 WL 5236888 (W.D. La. Sept. 16, 2013), the Western District of Louisiana recently permitted a plaintiff to pursue punitive damages in a vessel negligence lawsuit for injuries allegedly sustained outside territorial waters, pursuant to section […]
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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
The US Supreme Court Bases LHWCA Compensation on Year of Injury
- April 20, 2012
- By John Hughes
Newly Awarded LHWCA Compensation Based on Year of Injury In Roberts v. Sea-Land Services, Inc., 132 S. Ct. 1350 (2012), the US Supreme Court ruled that under the Longshore Harbor and Workers Compensation Act (LHWCA), a claimant is “newly awarded compensation” when he first becomes disabled and is therefore statutorily entitled to compensation. Thus, the […]
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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 […]