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Academic Journals
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From:Loyola Maritime Law Journal (Vol. 11, Issue 1)I. INTRODUCTION On March 29, 2011, Senator Johnny Isakson introduced Senate Bill 669 to amend the Longshore and Harbor Workers' Compensation Act, ("LHWCA"), (4) in an attempt to improve the federal workers'...
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From:Loyola Law Review (Vol. 59, Issue 4)
Muddy waters - clarifying maritime coverage under the Longshore and Harbor Workers' Compensation Act
I. INTRODUCTION The extent of coverage under the Longshore and Harbor Workers' Compensation Act (Longshore Act or the Act) has been the source of much confusion. The differing circuit opinions and Congress's failure... -
From:Loyola Maritime Law Journal (Vol. 12)I. INTRODUCTION Since its enactment in 1927 and through its amendments, the Longshore and Harbor Workers' Compensation Act (LHWCA or Act) has always contained a situs test referring to the "navigable waters of the...
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From:Loyola Maritime Law Journal (Vol. 8, Issue 1)I. INTRODUCTION "The perils of the sea, which mariners suffer and shipowners insure against, have met their match in the perils of the judicial review." (1) After thirty-three years of silence as to which maritime...
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From:Loyola Maritime Law Journal (Vol. 9, Issue 1)I. INTRODUCTION Thuan Tran and his family moved to New Iberia, Louisiana, in March of 2004. (1) Mr. Tran was a self-employed commercial crab fisherman. (2) He bought a boat, then, he and his wife began preparing it...
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From:Loyola Maritime Law Journal (Vol. 10, Issue 1)TABLE OF CONTENTS 33 U.S.C [section] 901. Et seq. Citation: La. Ins. Guar. Ass'n v. Dir., OWCP, 614 F.3d 179 (5th Cir. 2010). Issues: Representative Injuries, Total Disability, Responsible Employer The...
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From:Loyola Maritime Law Journal (Vol. 11, Issue 2)I. INTRODUCTION Although Judge John R. Brown of the Fifth Circuit suggested that the test for seaman status would include "three men in a tub ... and one probably could make a convincing case for Jonah inside the...
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From:Loyola Law Review (Vol. 57, Issue 4)B. HOW CALIFORNIA'S "INTERESTS" BROUGHT THE RELATIONSHIP OF WORKERS' COMPENSATION AND PRO ATHLETES INTO THE SPOTLIGHT The following subsection summarizes why California is such a friendly state for professional athlete...
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From:Loyola Maritime Law Journal (Vol. 11, Issue 1)Litigating psychiatric claims can be a challenge. This is particularly true in evaluating and determining the compensability of psychiatric or psychological claims that do not involve any physical trauma or injury. In...
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From:Loyola Maritime Law Journal (Vol. 2)I. Introduction During a hearing (1) in 1926 in which the House of Representatives was considering legislation to provide a workers' compensation remedy to maritime workers, one of the witnesses testified that an...
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From:The Journal of Rehabilitation (Vol. 55, Issue 4) Peer-ReviewedA comparison of the costs of providing vocational services either by a federal office or through a state agency is made. The Federal Office of Worker's Compensation Programs (OWCP) provides vocational rehabilitation...
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From:Loyola Maritime Law Journal (Vol. 12)I. INTRODUCTION On August 13, 2003, the United States Court of Appeals for the Ninth Circuit issued its decision in Metropolitan Stevedore Co. v. Crescent Wharf and Warehouse Co., et al. (2) That decision followed a...
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From:Risk Management (Vol. 48, Issue 3) Peer-ReviewedAs baby boomers approach retirement age, speculations abound about how the transition will impact the workforce, particularly when it comes to benefits and workers' compensation. Many fear that the increase of older...
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From:Loyola Maritime Law Journal (Vol. 15, Issue 2)I. INTRODUCTION Section 1333(b) of the Outer Continental Shelf Lands' Act (OCSLA) (1) extends coverage of the Longshore & Harbor Workers' Compensation Act (LHWCA) to workers whose injury results from extractive...
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From:Florida Bar Journal (Vol. 91, Issue 9)"Because I said so." We all remember this excuse our parents used for a decision they had no patience to justify to us. This is all too often the refrain used by many physicians in the Florida workers' compensation...
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From:Loyola Maritime Law Journal (Vol. 7)I. INTRODUCTION There is no doubt that the United States Court of Appeals for the Fifth Circuit (herein after referred to as the "Fifth Circuit") has been influential in shaping admiralty jurisprudence. (1) The Fifth...
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From:Loyola Maritime Law Journal (Vol. 16, Issue 1)I. INTRODUCTION Imagine the following situation: Mark Davis, thirty years old, works for River Shipping Company, an international marine transportation company, as a crane operator moving large steel containers from...
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From:Loyola Law Review (Vol. 59, Issue 4)I. INTRODUCTION On April 29, 2013, the United States Fifth Circuit Court of Appeals, in an en banc rehearing, denied Longshore and Harbor Workers' Compensation Act (LHWCA) coverage to Juan Zepeda because the site at...
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From:Loyola Maritime Law Journal (Vol. 10, Issue 1)C. Employer's Lien and Credit Under Section 933(f) If the injured longshoreman timely files a third-party claim, the employer or carrier may assert a lien against any recovery for the full amount of its compensation...
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From:Loyola Maritime Law Journal (Vol. 10, Issue 2)I. INTRODUCTION Resolving Longshore and Harbor Worker's Compensation Act (LHWCA) claims is an art in and of itself. Some have compared obtaining an effective longshore settlement to killing Dracula. It must be done...