It is time to take a look at what is happening around the Longshore and Defense Base Act world:
The LexisNexis Workers’ Compensation Law Community has published quite a few articles about Longshore and DBA matters. Check out:
- Employee’s Death in Tax Accident While He Shopped for Groceries Found Compensable Under Defense Base Act by Thomas Robinson.
- D.C. Circuit Court Dismisses RICO Action for Alleged Tortious Conduct Related to Defense Base Act Claims, also by Thomas Robinson.
- 2015 Update from the Benefits Review Board by Karen Koenig, Associate General Counsel, Longshore Division, U.S. Department of Labor. In addition to discussing the new Benefits Review Board judicial appointees, the article touches on Section 49 discrimination.
The Office of Administrative Law Judges’s website has been a hubbub of activity over the last two months because of the new Rules. If you haven’t done so yet, take the time to read:
- Final Rule, Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges. Not only does this document contain the text of the new Rules, it also provides reasoning for some of the changes that were made.
- Rules Corrections. This document contains a few minor corrections to the new Rules, as explained in Acting Chief Administrative Law Judge Stephen Henley’s Administrative Notice.
- New Subpoenas. As of June 18, 2015, Longshore and DBA litigants must use the new subpoenas developed by the OALJ.
For the scholars, there are a couple new law review articles and notes to peruse, such as:
- Cry Havoc: Are Incompetent Private Military Companies Ruining the Defense Base Act? Written by William Burke. Published by the William & Mary Business Law Review.
- My new article, War Hazards Compensation Act: A Primer will be out in the very near future.
Finally, some of my favorite Longshore, DBA and workers’ compensation blogs have published the following pieces:
- “Zone of Special Danger” Under Defense Base Explained; Grocery Shopping Qualifies. Written by Arthur Crais for the Loyola Current.
- Excess Insurer Held Liable for LSHWCA Special Fund Assessments of Insured. Written by John Berteau for the Loyola Current.
- “Other Adjoining Areas Customarily used” Under Longshore Act. Written by Sarah Thompson for the Loyola Current.
- No expansion of the Longshoreman Definition. Written by Caitlin Byars for Navigable Waters.
- Towboat Company’s Pre-Trial Attack on Plaintiff Deckhand’s Liability Expert Fails by Towboatlaw.
- Mild and Moderate TBI and Workers’ Comp Challenges: An Interview with Dr. Bianchini of Jefferson Neurobehavioral Group by Louisiana Comp Blog.
Photo courtesy of Flikr user James Cridland.
