Tag: Longshore Harbor and Workers Compensation Act
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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
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 […]