LHWCA | Offshore Winds

Termination for Misconduct Does Not Reopen LHWCA Claim, Fifth Circuit Follows Fourth Circuit in Deciding

By Douglas P. Matthews on March 19th, 2013 Posted in LHWCA

The Fifth Circuit has followed the Fourth Circuit’s lead in deciding today that an employee’s termination for misconduct will not reopen a disability claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). The United States Court of Appeals for the Fifth Circuit in an unpublished opinion issued on March 19, 2013, addressed the employer’s… Continue Reading

I’ll Take “Not a Vessel” for $600, Alex: What Is a Tension Leg Platform?

By James D. Bercaw on March 12th, 2013 Posted in Jones Act, LHWCA, Offshore Oil

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen whether floating oil and gas production structures, such as SPARS and tension leg platforms (“TLP”),… Continue Reading

The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees

By James D. Bercaw on November 28th, 2012 Posted in LHWCA, Ports & Cargo Shipping

Under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious personal injury claims a cargo supervisor filed under LHWCA because the defendants had not breached any of these three duties. In doing… Continue Reading