Author: Norman Cole
LHWCA Caselaw Update
There were several attorney fee decisions. All were unpublished and therefore only instructive rather than precedent. In Abassi v. Misson Essential Personnel and Yunis v. Academi, LLC, ALJ’s had based an award in part on fee awards from the district court. The Board directed the ALJ’s to explain how the…
LHWCA Caselaw Update
This quarter most decisions were unpublished and not especially noteworthy. Unpublished decisions cannot be cited as precedent are instructive. Huntington Ingalls fought and lost a series of battles against medical providers who sought payment for claim related services. It offered payment equal to the amount the providers agreed to…
LHWCA Caselaw Update
Below are recent decisions under the LHWCA. Decisions are published in Lexis and posted on the BRB website through 5/30/17. For those among us who deal with Charles Robinowitz, Judge Clark and Judge Gee awarded fees for 2015/2016 services in the range of $350 to $360 rather than $450 to…
LHWCA Caselaw Summary
The following is a review of recent relevant Longshore and Harbor Workers’ Compensation Act caselaw. There were relatively few decisions and none created new law with the possible exception of the 4th Circuit’s decision in Metro Machine Corporation. The Benefits Review Board issued 13 LHWCA decisions in November, 5 in…
LHWCA Quarterly Case Law Summary
Attorney Fees – Entitlement Board allows fees for defending a fee petition. Baker Botts not binding on fee shifting statutes. Clisso v. Elro Coal Company, 2016 WL 3575792 (BRB 15-0010 BLA, 2016). Employer objected to payment of $300 for one hour of attorney services for defense of the fee petition. …
LHWCA Quarterly Caselaw Summary
The Board and courts seem to have taken time off for vacation during the last several months. The volume of new LHWCA cases is relatively low for this quarter. In SSA Terminals & Homeport Insurance Co. v. Carrion and Director OWCP, 2016 WL 2731593 (9th Cir., 13-72929, 5/11/16), the court…
LHWCA Quarterly Caselaw Update
The most significant decision in this cycle probably is Moody v. Huntington Ingalls, Inc.. Claimant informed the employer he intended to retire as of November 1, 2011. He injured his shoulder before he retired but continued to work. He first sought treatment for the shoulder the day after he retired,…
Longshore Quarterly Caselaw Review
Attorney fees continue to be a hot topic in caselaw. In Shirrod v. Director, OWCP the 9th Circuit held market rates must be based on rates in the relevant market, which usually is the location where the litigation occurs. Economic surveys that do not report rates in the relevant market…
Longshore and Harbor Workers’ Compensation Act Case Law Update
The last several months yielded several interesting decisions. In Raiford v. Huntington Ingalls Industries, Inc., the Board held a reaction to a legitimate personnel action was not compensable and was insufficient, for purposes of §20(a), to demonstrate an accident or working conditions that could cause harm. To hold otherwise would…
LHWCA Caselaw Update
Over the last three months there have been several noteworthy decisions under the Longshore and Harbors Workers’ Compensation Act. In M.K. v. California United Terminals, 2009 WL 525237 (BRB 08-0392, 08-0450, 08-0606, 2009), the Board held the ILWU-PMA’s §17 lien claims and all claims for reimbursement of medical expenses under…
Longshore Recent Caselaw Update
By: Norman Cole There have not been many noteworthy cases issued during the last several months. Jackson v. Ceres Marine Terminals, Inc, 2014 WL 749188 (BRB 14-0071, 2014), held an opinion offered by an OWCP sponsored medical examiner is not dispositive. (If it is not dispositive, it would be better…
LHWCA Quarterly Update
Schwirse v. Director, OWCP, __ F.3d ___, 2013 WL 3840332 (9th Cir 2013). Longshoreman drank alcohol when at work and fell on concrete and a metal slab. Claimant argued the injury was not solely due to intoxication because the result of the fall was worse because of the hard surface…
Longshore Recent Caselaw Update
Here are a few interesting, if not noteworthy Longshore decisions for employers to be aware of. When a worker sustains an injury and produces evidence the injury could have been caused by work, the injury is presumed compensable, per §20(a), until the employer produces affirmative evidence the injury is not…
Longshore Act Update
As head of the SBH Longshore practice area, I publish a quarterly summary of recent LHWCA decisions (Benefits Review Board, Courts of Appeal, Supreme Court, and occasionally an ALJ decision). The most recent edition is available on our website, sbhlegal.com. One of the most significant decisions in the last few…
