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 All were unpublished and therefore only instructive rather than precedent.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….
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This quarter most decisions were unpublished and not especially noteworthy. Unpublished decisions cannot be cited as precedent are instructive.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…
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…
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…
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,…
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…
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…
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…
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…
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,…
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…
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…
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…
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,…
