Introduction to the Longshore & Harbor
A Guide to understanding the basics of LHWCA cases. Originally written in
1987, the guide has been updated and expanded. It provides an introduction
to the LHWCA itself as well as relavent case law, regulations, source materials,
and adminstrative procedure.
Version | PDF Version |
Case Values and Case Credits
Most cases arising under the Longshore and Harbor Workers' Compensation
Act raise issues concerning the "nature and extent of disability."
This paper addresses scheduled injury equations, general injury equations,
aggravations, second injuries, and special fund claims. The framework
provided in this paper will assist counsel in understanding the issues
being litigated in a given LHWCA case.
A Drafting Guide for 8(i) Settlements
A primary U.S. Department of Labor complaint in longshore cases is the
inability of the parties to draft an 8(i) agreement which complies with
applicable statutes and regulations. It is the author's experience that
between thirty and forty percent of 8(i) applications are initially rejected
by the United States Department of Labor. This article is a drafting guide
for preparing 8(i) agreements.
Online Version | PDF
Litigating Defense Base Act Cases
The 'positional risk' doctrine as described by Professor Larsen more than
thirty years ago has been a work in progress in Defense Base Act cases.
Amazingly, caselaw arising under the DBA does not discuss 'positional
risk' although it is the majority view of compensability after the U.S.
Supreme Court decision in Brown-Pacific-Maxon. Counsel handling cases
for injured workers under the Defense Base Act will be well served to
consider the 'positional risk doctrine' and the wide scope of the ‘zone
of special danger'.
Vocational Proof and Labor Market
Surveys in LHWCA Cases
Vocational proof is critical in most tried general injury cases arising
under the LHWCA. This Guide provides an introduction to the burden of
proof in establishing disability, vocational evidence, and labor market