The 2017 Annual Longshore Conference was held last week at the Intercontinental Hotel in New Orleans. The annual conference, which is presented by Loyola University New Orleans College of Law in conjunction with the U.S. Department of Labor, is a two-day program/CLE for maritime practitioners and industry professionals handling claims arising under the Longshore and Harbor Workers’ Compensation Act (LHWCA), Defense Base Act (DBA) and other extension acts.
This year’s programming kicked off with a session dedicated to recent decisions under the LHWCA, including a discussion of Bis Salamis Inc, v. Dir. Office of Workers’ Comp. Programs, 819 F. 3d 116 (5th Cir. 2016), a Fifth Circuit case regarding the effect of a claimant’s credibility (or, more accurately, lack thereof) on establishing causation. The Bis Salamis case was the subject of an earlier Offshore Winds blog post by Doug Matthews. Day One’s programming continued with a question and answer session with the Office of Administrative Law Judges, who discussed case assignments and allotments, how the various district offices operate, and provided guidance in practicing before the OALJ. The ALJs took questions from audience members, several of which were directed to what lawyers can do to help speed up the process of judicial decision-making in claims before the Department of Labor. The (not-so-helpful) response of the ALJs in a nutshell? Write better and more concise briefs.
Following the ALJs were presentations on the interplay between other benefits schemes (such as state workers’ compensation statutes) and the LHWCA; trends and forecasts in DBA claims and the business of military contracting in general; and an eye-opening presentation regarding pain management and the opioid crisis in America. Day Two included presentations addressing several other timely topics of interest to Longshore and DBA practitioners, including Section 22 modifications and trends, professionalism in settlement negotiations, and a panel of District Directors of the Office of Workers’ Compensation Programs, who discussed practicing before the OWCP.
Some takeaways from the Conference:
- The issue of whether a particular claimant was injured on a covered situs under 33 U.S.C. § 903(a) continues to be frequently litigated, and often turns on whether the claimant’s injury occurred in an “adjoining area” within the meaning of the Act;
- Similarly, while the issue of whether a structure is a vessel under the LHWCA continues to be frequently litigated, it is becoming more well-settled that a very large tension leg platform is not a vessel, due to the lack of self-propulsion, steering mechanism, and rudder, and its dedicated time on site; and
- Under the LHWCA, traumatic injuries get a one year statute of limitations; but occupational diseases get a two year statute of limitations. With respect to claimants experiencing delayed expression PTSD, it can be difficult determining which limitations period applies.
The Loyola Longshore Conference is held annually in New Orleans.