March 30, 2015
by Norman Cole

Longshore Recent Caselaw Update

Cole, Norman_webBy:  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 to select the examiner instead of rolling the dice on the OWCP’s choice.)

Stovall v. Total Terminals, LLC, 2015 WL 1010141 (BRB 14-0666, 2015) held one employer in a multi-party claim can separately settle its claim per Section 8(i) without the consent of the other defendants.  (We already knew this, but at least we now know the BRB agrees.)

An unpublished decision, Kogut v. Electric Boat Corporation, 2014 WL 530894 (BRB 14-0046) (unpublished), held a worker who was fired for reasons unrelated to the work injury, did not return to work but later became disabled due to the injury is not entitled to TTD because he had no earning capacity to lose.   (The result might have been different if the claimant had returned to work or at least offered evidence he unsuccessfully sought employment.)

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