Claimant worked as a welder for Employer.  On June 4, 2010, Claimant injured his low back and groin while lifting an empty gas cylinder.  Claimant took one month off of work, during which time he received temporary total disability benefits.  On July 1, 2010, Claimant returned to work.  Employer’s safety agent told Claimant to wear an employer-provided fire-retardant life vest instead of a personal non-fire-retardant life vest.  Claimant refused.  The next day, Claimant was terminated for insubordination and disrespectful conduct.  Afterwards, Claimant filed a Section 49 discrimination claim. The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits employers from discharging or discriminating against an employee based on his claiming or attempting to claim compensation under the LHWCA.  To establish a prima facie discrimination claim, the claimant must demonstrate that his employer committed a discriminatory act motivated by discriminatory animus or intent.  Claimant could not do so in this case: ClaimantRead more