The Fifth Circuit, en banc, just reversed an earlier panel decision in a Longshore Act case which turned on the situs of the injury and whether it met the jurisdictional requirements of the Longshore and Harbor Worker Compensation Act.En Banc decision is here.Per the Court:In particular, the BRB found that the claimant’s
Longshore/Defense Base Act
New Ninth Circuit Longshore Case – Is Suicide Compensable Injury?
By Mark M. Murakami on
I am in trial this week, but a very interesting case was just handed down by the Ninth Circuit Court of Appeals. The title is Kealoha v. Leeward Marine, Inc. and the opinion can be found here.The Longshore Act precludes compensation for injuries caused by an employee's "willful intent to injure or kill himself."…
New Defense Base Act Case from First Circuit – Truczinskas v. OWCP
By Mark M. Murakami on
As Amended. Often seen in statutes. Rarely litigated.The First Circuit Court of Appeals issued a decieion in a Defense Base Act case. It is entitled Truczinskas v. Director, Office of Workers' Compensation Programs and can be found here. The facts are short. A employee duing military training in Saudi Arabia was found hanging from…
New Longshore Act Decision from Ninth Circuit – Keller Foundation v. Tracy
By Mark M. Murakami on
I have a rather large queue of cases to digest and disseminate, so excuse the delay. I will still call it a "new" Longshore case, because, well, it is.One oft-litigated issue in maritime injury cases is the situs and status test. Longshore and harbor workers have a different worker compensation scheme than other maritime workers…
New Longshore Case from Ninth Circuit – en banc – Price v. Stevedoring Services
By Mark M. Murakami on
Brand new, hot off the press Longshore case from the Ninth Circuit Court of Appeals, sitting en banc, but I am running around this week and must blog it later (come see us at www.lawinfilm.com to see where we are spending our evenings this week).
The case is Price v. Stevedoring Services of America…
New Longshore Case from 5th Circuit – New Orleans Depot Svcs v. OWCP
By Mark M. Murakami on
New Longshore case from the Fifth Circuit. The case is New Orleans Depot Services v. Office of Worker Compensation Programs and it can be downloaded here.
Facts – a worker suffered a hearing injury during the course of employment with two different employers.
Issue – "situs" of the injury and status of the employee.…
Ninth Circuit’s Temporal Musings – New Longshore Opinion
By Mark M. Murakami on
The Ninth Circuit Court of Appeals just issued a decision in a Longshore case. The case is Pacific Ship Repair and Fabrication, Inc. v. Office of Worker Compensation Programs. It can be found here.
In a nutshell, the question was how to treat a worker's disability that was originally classified as permanent partial but…
SCOTUS Decides Longshore Case – When is Claimant “Newly Awarded Compensation”?
By Mark M. Murakami on
Longshore Wonks – Take Heed. The Roberts v. Sea-Land case is hot off the press and the Supreme Court says, a claimant is “newly awarded compensation” when the claimant first becomes disabled and thereby becomes statutorily entitled to benefits, no matter whether, or when, a compensation order issues on his behalf.
The decision is here. …
New Defense Base Act Case Fifth Circuit – Fisher v. Halliburton
By Mark M. Murakami on
New Defense Base Act case from the Fifth Circuit Court of Appeals. The case is Fisher v. Halliburton, 2012 U.S. App. LEXIS 641 and can be found here.
The facts are straightforward: several employees of Kellogg Brown & Root were killed in Iraq while driving logistics trucks in Iraq. Their widows and family…
SCOTUS Rules on OCSLA Case – Pacific Operators Offshore, LLP v. Valladolid
By Mark M. Murakami on
News Flash – the Supreme Court issued a decision in Pacific Operations Offshore, LLP v. Valladolid, an Outer Continental Shelf Lands Act/Longshore Act case arising from the Ninth Circuit. The Supreme Court affirmed the Ninth Circuit’s decision, rejecting the approaches adopted by the Third Circuit Court of Appeals and the Fifth Circuit Court of Appeals. …