Introduction to the Longshore & Harbor Workers'
Compensation Act

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.

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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.

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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.

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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'.

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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 surveys.

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© 2007 Lewis Fleishman