Tag: Situs
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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
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 […]