The 2016 election season is in the books. As I watched the returns, I noticed that Senator Johnny Isakson was reelected in Georgia. This is important for the Longshore and Defense Base Act community because Senator Isakson has been one of the leading voices proposing amendments to the Longshore and Harbor Workers’ Compensation Act. Nearly any amendment made to the Longshore Act will necessarily affect the Defense Base Act. Take a look at Senate Bill S. 669, which Senator Isakson introduced to the Senate on March 29, 2011. Some of the changes are good. For example, funeral benefits presently pay out at $3,000. That amount has not been increased since 1984. An increase to $7,500 (if not more) is warranted. Other proposed amendments are game-changers. The four that should stick out to claimants include: Incorporating a proportional payment system whereby disability payments can be reduced by prior disability ratings orRead more
Fifth Circuit Upholds Grant of Summary Judgment in GML Case
In a new unpublished decision, the Fifth Circuit affirmed a district court’s grant of summary judgment against an injured worker. The plaintiff was injured while “attempting to inspect a lower compartment on [a] ship.” He fell down a ladder after climbing under a locked chain. Following his injury, the injured plaintiff filed suit under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act, general maritime law, and state law. The district court held that it lacked jurisdiction because the vessel on which the plaintiff was injured had never been completed. Further, the defendant enjoyed government contractor immunity such that it was shielded from liability. Finally, the district court determined that the mechanism of the plaintiff’s injury was an open and obvious condition. The Fifth Circuit agreed, stating: The ship had not yet earned vessel status. Although the ship had completed sea trials, it “was still being outfitted and inspectedRead more
Maybe It’s Time To Contact Congress About Your Defense Base Act Claim
Back in 2008, the Defense Base Act industry found itself in the cross-hairs of Congressional scrutiny. Insurance companies were denying legitimate claims. Some of the claims that were paid were done so after a lengthy delay. Some injuries, like PTSD, were viewed with skepticism. All the while, insurance companies were making huge profits off of the war. Like many industries that come under fire, the DBA industry tried to correct itself. The Department of Labor developed a tracking system to determine when claims were reported, and when claims were paid. Anyone can log onto the DOL’s website and view the DBA industry report cards. The report cards do not, however, provide the full story, especially with PTSD. For a while, DBA administration issues became fewer and farther between. Many claims were paid. It looked like the industry would normalize. Unfortunately, the honeymoon was short-lived. In my opinion, we are backRead more
How Carriers Can Make Money By Losing Defense Base Act Claims
Today we’re going to run the numbers on a claim involving both DBA-only and DBA-WHCA injuries. By “DBA-only,” I mean that the claimant’s injury was not caused by a war event (like a rocket, mortar, or terrorist attack). And by “DBA-WHCA,” I mean that the claimant’s injury was caused by a war event. Knowing how to handle this type of case can result in massive savings for an insurance company and quicker benefits payment to an injured worker. The Defense Base Act Vs. The War Hazards Compensation Act: First, let’s discuss the Defense Base Act and its interplay with the War Hazards Compensation Act. The Defense Base Act is a system of federal workers’ compensation that applies to injured contractors working abroad. The DBA covers everything from slips-and-falls to the contraction of serious viruses to injuries caused by the actions of terrorists. The injured worker is compensated and receives medicalRead more
New VA Study Discusses Pain and Psych Comorbidities
Chronic pain and psychiatric injuries can go hand in hand. So says a new scientific article from a group of highly specialized VA doctors entitled, Pain and psychiatric comorbidities among two groups of Iraq- and Afghanistan-era Veterans. The study was designed “to more precisely identify the prevalence and severity of pain and mental health comorbidities among . . . Veterans and service members . . . .” Not surprisingly, the wars in Iraq and Afghanistan have resulted in exceptionally high rates of postdeployment chronic pain, traumatic brain injury, Post Traumatic Stress Disorder, and other mental health and behavioral disorders. Simply put, Iraq and Afghanistan servicemembers are at high risk for both pain and psychological problems. The article goes into detail, stating: Data from this study confirm and extend initial reports regarding high prevalence of pain and psychiatric disorders among OIF/OEF/OND servicemembers who have returned from deployment. Using two geographically diverseRead more
Retirement of a Longshore and Defense Base Act Legend
Richard V. Robilotti announced his retirement. Make no mistake, this is the retirement of a legend in the Longshore and Defense Base Act community. Mr. Robilotti is the district director for the Second Compensation District of the Division of Longshore and Harbor Workers’ Compensation (“DLHWC”) in New York. For forty years, Mr. Robilotti has been in charge of Longshore claims arising in New York, New Jersey, Puerto Rico and the Virgin Islands. Further, the New York office–for the longest time–was the go-to Defense Base Act office. Every claim that arose in Iraq and Afghanistan went to Mr. Robilotti’s desk, including claims made by local and third country nationals. My contact with Mr. Robilotti began when I first started practicing law. I graduated law school just as the Defense Base Act was heating up. At that time, the Second Compensation District was the only DLHWC office that I dealt with. Mr.Read more
2016-2017 National Average Weekly Wage Increase
The Office of Workers’ Compensation published the new National Average Weekly Wage for the 2016-2017 fiscal year. National Average Weekly Wage: $718.24 Maximum Compensation Rate: $1,436.48 Minimum Compensation Rate: $359.12 Percent Increase: 2.17% Click on this hyperlink to access the NAWW chart spanning from 1973 to 2017.
Proposed Rules on Max. and Min. Comp Rates in Longshore Claims
The Office of Workers’ Compensation Programs has published a new proposed rule pertaining to an injured worker’s compensation rate. The rule addresses the Longshore and Harbor Workers’ Compensation Act’s maximum and minimum compensation rate, and how to apply a particular rate to a particular injury. The proposed rule applies to the Longshore Act’s extensions, like the Defense Base Act. Letter from the DLHWC: The Director of the Division of Longshore and Harbor Workers’ Compensation, Antonio Rios, issued an explanatory letter on August 26, 2016. The letter stated, in pertinent part: The National Average Weekly Wage has historically risen from year to year, and this determination affects the maximum and minimum compensation rates under Section 6. Questions regarding which fiscal year’s maximum wage applied in various situations led to litigation. These questions have now largely been resolved through decisions of the courts of appeals and the Supreme Court. To provide clarityRead more
Fifth Circuit Addresses Longshore Vessel Status and “Substantial Nexus”
The Fifth Circuit issued a new decision affirming the denial of benefits under both the Longshore and Harbor Workers’ Compensation Act and the Outer Continental Shelf Lands Act. The decision turned on two issues: whether a particular watercraft was a legal “vessel” and whether Claimant’s job activities had a substantial nexus to operations on the Outer Continental Shelf. Factual Background: Claimant worked as a marine carpenter building housing modules designed for use on a tension leg offshore platform named Big Foot. After an alleged injury, Claimant filed a claim for benefits under the Longshore and Harbor Workers’ Compensation Act as a shipbuilder. He also argued–in the alternative–that his claim was covered by the Outer Continental Shelf Lands Act. (“OCLSA”) Both the Administrative Law Judge and the Benefits Review Board disagreed with Claimant’s assertion. First, Longshore benefits were denied because the Big Foot was not a “vessel,” thus preventing Claimant fromRead more
Status of the Zone of Special Danger Appeal in Jetnil
One of the most interesting zone of special danger cases from 2015 has been briefed for the Ninth Circuit Court of Appeals. The case, Jetnil v. Chugach Management Services, asks whether the zone of special danger doctrine should apply to local nationals who are injured in their home country. So far, the administrative law judge, Benefits Review Board, and Director have all said that the zone of special danger should apply. Employer and Carrier disagree, and they have taken the claim all the way to the Ninth Circuit. The Benefits Review Board’s Jetnil Decision: Like I mentioned in last year’s post about Jetnil, the employee was injured while he was fishing on the reef at Gagan Island (part of the Republic of the Marshall Islands). The employee, who was a citizen of the Republic, slipped and cut his foot on coral. The injury resulted in a below-the-knee amputation and subsequentlyRead more
- « Previous Page
- 1
- …
- 6
- 7
- 8
- 9
- 10
- …
- 39
- Next Page »
