The Defense Base Act and the Longshore and Harbor Workers’ Compensation Act requires employers and insurance companies to pay benefits to injured employees. Initially, the injured civilian contractor or longshore worker receives temporary total disability benefits. As time passes, the employee may receive different disability classifications. Today’s post addresses the end a DBA or Longshore Act claim, when the employee receives permanent partial disability benefits. In short, I will show you how to calculate the dollar value of an impairment rating. What are Permanent Partial Disability Benefits? There are four types of disability benefits: temporary total, temporary partial, permanent total, and permanent partial. When an employee has reached permanent partial disability, this means: Their overall medical condition has reached a state of medical permanency. This is often referred to a maximum medical improvement, or MMI. They can return to their pre-employment work or the employer has demonstrated the availability ofRead more
How are DBA and Longshore Death Benefits Calculated?
When a civilian contractor or longshore worker dies as a result of their employment, their beneficiaries may be entitled to death benefits. In this post, I examine the methods used to calculate the value of Defense Base Act and Longshore death benefits. I address the importance of the average weekly wage; who may qualify as a beneficiary; compensation rates and cost of living adjustments; and I provide some example death benefits calculations based on hypothetical facts. Keep reading…despite the math. You will see how a death benefits Defense Base Act or Longshore claim could be valued over $1,750,000. Make no mistake: death benefits claims are high dollar, high stakes claims. What Was the Decedent’s Average Weekly Wage? First, start with the decedent’s average weekly wage. Section 10 of the Longshore and Harbor Workers’ Compensation Act provides the statutory requirements for determining a contractor or longshore worker’s average weekly wage. Essentially,Read more
Supreme Court to Confer on Jones Act Punitive Damages
Will the Supreme Court hold that punitive damages are available in a Jones Act case? We will soon find out. In McBride v. Estis Well Service, the Supreme Court will have to review an en banc decision from the Fifth Circuit discussing the availability–or more precisely, the unavailability–of punitive damages. McBride involved the claim by the estate of a deceased seaman (among others) for unseaworthiness under general maritime law and negligence under the Jones Act after a truck-mounted drilling rig toppled over, killing one seaman and injuring others. Initially, a panel at the Fifth Circuit determined that punitive damages were available under the Jones Act. Following a rehearing en banc, the Fifth Circuit reversed course, determining that punitive damages are not available under an unseaworthiness claim because such damages are precluded by the Jones Act. A survivor’s recovery in a wrongful death Jones Act claim is limited to the recoveryRead more
The Defense Base Act, Traumatic Brain Injuries, and PTSD
Traumatic Brain Injury is the signature injury of the Iraq and Afghanistan wars. Concerns for veterans afflicted with TBI recently gained attention in a National Geographic cover story entitled, “Blast Force: The Invisible War on the Brain.” My post expands that excellent National Geographic article to defense contractors imbedded with the military in Iraq and Afghanistan. Private contractors experience many of the same hazards that war zone soldiers experience. By extension, the same concerns about TBI for soldiers should be extended to contractors, too. Blast Force: The Invisible War on the Brain: Caroline Alexander’s article is an illuminating portrayal of the medical problems affecting veterans with traumatic brain injuries. Some medical professionals theorize that the physical effect of an explosive detonation, even the controlled detonation of explosives, lead to TBIs. Ms. Alexander’s explanation of the stages of an explosion supports the professionals’ theories: BOOM: In the field a single blastRead more
Settlement Money After DOL’s Blessing
Before a claimant gets their money, the Department of Labor must approve the claimant’s Longshore or Defense Base Act settlement. It’s a legal requirement. A claimant will not receive any of the settlement proceeds until the DOL reads and approves the settlement. Essentially, the DOL wants the last say regarding monetary adequacy of the settlement. Recently, the DOL issued OWCP Bulletin No. 14-05. In it, the DOL addressed Section 8(i) of the Longshore and Harbor Workers’ Compensation Act—the Act’s settlement provision—in light of an important decision from the Benefits Review Board, Richardson v. Huntington Ingalls, Inc. Richardson Addresses the Determination of Settlement Adequacy: Here’s a quick history lesson about Richardson. In 2013, a represented claimant and a represented employer got together and negotiated a settlement. They submitted the settlement to the district director for approval, but the district director denied the settlement. He determined that, under the guidelines he wasRead more
Welcome to Strongpoint’s New Website
Hello! My name is Jon Robinson. Thank you for visiting Strongpoint Law Firm. You have arrived just in time for the grand unveiling of the firm’s website and blog, the Longshore & DBA Review. Exciting times, indeed! Hopefully you found this website because you are interested in what I do, what I know, and how I can change your life for the better. So, let me boil down what I do: I help injured people. Plain and simple. Strongpoint Law Firm is not a general practice law firm. I am not litigating claims against insurance companies one day and then writing wills the next. My preference is to practice in four areas of law: Defense Base Act Longshore and Harbor Workers’ Compensation Act Maritime injuries, including Jones Act claims Personal injuries By practicing in specific areas of law, my skills are honed to maximize your recovery. Make no mistake, youRead more
Don’t Amend the Defense Base Act with H.R. 312
Last month, Representative Stephen Lynch reintroduced a proposed amendment to the Defense Base Act (H.R. 312). This is a re-introduction of an amendment (H.R. 5721) he proposed in late 2014 to “remove a significant penalty in federal law that currently prohibits the families of overseas federal contractors who are killed in the line of duty from receiving full death benefits if the deceased employee is unmarried with no children or other dependents.” Ultimately, Rep. Lynch’s amendment appears destined to fail. The Reason for H.R. 5721, and now H.R. 312: Representative Lynch proposed H.R. 5721, the Overseas Security Personnel Fairness Act, to address an issue that arose from the September 2012 terrorist attack on the U.S. Consulate in Benghazi, Libya. Glen Doherty, a security contractor and former Navy SEAL, was killed during the attack. He was unmarried, with neither children nor other dependents. Yet, he had activated a mandatory Defense Base Act insurance policy before deploying toRead more
Insider Attacks Cause Compensable Defense Base Act Claims
News surfaced this past weekend about an insider attack at Kabul’s military airport that left three contractors dead. According to news sources, the three contractors—all American—worked as aircraft mechanics for Praetorian Standard, a company headquartered in Fayetteville, NC. News sources, and Praetorian, released the names of the contractors, Matthew E. Fineran, Walter D. Fisher, and Jason D. Landphair. Our thoughts and prayers are with their families and loved ones, as they are with Bradley James, who was injured in the small arms fire attack. Insider attacks, also referred to as “green-on-blue” attacks, are somewhat common occurrences in Afghanistan. In many situations, these events can lead to compensable Defense Base Act claims. The Defense Base Act Is Workers’ Compensation. The Defense Base Act is a system of federal workers’ compensation. Generally, the DBA covers defense contractors working outside of the United States under government contracts or on U.S. military bases. IfRead more
Is Sarbanes-Oxley Really This Fishy?
Next week the Supreme Court will hear arguments in Yates v. United States, a Sarbanes-Oxley anti-shredding case. The Sarbanes-Oxley Act was enacted after the Enron scandal. One of the provisions of the Act is commonly known as the “anti-shredding provision,” which criminalizes knowingly altering, destroying, mutilating, concealing, covering up, falsifying, or making a false entry in “any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration” of any federal matter. Why am I mentioning Sarbanes-Oxley on a maritime blog? Because Yates v. United States involves the federal government’s application of the “anti-shredding provision” to a commercial fisherman who directed his crewmen to throw undersized fish back into the sea, after receiving a civil citation and being told to bring the fish to dock to be destroyed. That’s right…throwing fish back into the sea landed one fisherman in the Sarbanes-Oxley anti-shredding net. Read more
Is Erik Prince Right? Should We Fight ISIS with Defense Contractors?
Is Erik Prince, the ex-Blackwater CEO, right? Should the United States use Defense Base Act contractors to fight ISIS? On his blog for Frontier Services Group, Mr. Prince wrote a post entitled, “Chairman’s Column – Thoughts on Countering ISIS,” which I’ve reproduced in full below: As someone who spent many years operating in Iraq, Afghanistan, and other underdeveloped countries facing existential security threats, I was recently asked about my reaction to President Obama’s plan for fighting ISIS. My immediate response is that the President’s current plan seems half-hearted at best. American air power has significant reach and accuracy, but ultimately will be unable to finish the job of digging ISIS out of any urban centers where they may seek shelter amongst the populace. Clearing operations ultimately fall to the foot soldier. The Iraqi army is demonstrably inept after billions spent on training and equipping them. Providing them more gear isRead more
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