In a decision of first impression interpreting the meaning of “operating” under the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the U.S. Fifth Circuit held the owner and operator of a tugboat liable as the “responsible party” for a spill emanating from a tank barge in its tow, and consequently
Amanda Lowe
Judge Affirms that SEMS II Creates No Cause of Action Under Louisiana Law
By Amanda Lowe on
Posted in Admiralty and Maritime, Energy
In Alfred v. Anadarko Petroleum Corporation et al., No. 13-211, 2014 WL 6633105 (M.D. La. November 21, 2014), newly-minted Judge John W. DeGravelles re-affirmed the spirit of Romero v. Mobil Exploration, 939 F.2d 307, 311 (5th Cir. 1991), holding that the reinvented SEMS II rules (Safety and Environmental Management Systems) found in the…
Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
By Amanda Lowe on
Posted in Admiralty and Maritime
In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and Harbor Workers’ Compensation Act 33 U.S.C.A. § 901 et seq (“LHWCA”), specifically 905(b), is entitled to a subrogation lien against the…
Immigration Status is Irrelevent Under the Longshore and Harbor Workers’ Compensation Act
By Amanda Lowe on
Posted in Admiralty and Maritime, Labor and Employment Law
In Bollinger Shipyards, Inc. v. Director, Office of Worker’s Compensation Programs, U.S. Dept. of Labor, (5th Cir. 2010) the United States Fifth Circuit upheld the award of workers compensation benefits to an undocumented immigrant worker who was injured on the job as a pipefitter.
The Bollinger plaintiff, Jorge Rodriguez, fell and allegedly injured himself while welding for his employer, Bollinger Shipyards, Inc. At the time of his alleged injury, Rodriguez had been working for Bollinger for approximately eight months, having initially obtained employment by falsely holding himself out as a United States citizen. Rodriguez presented Bollinger with a false Social Security Card. Bollinger initially paid Rodriguez temporary disability benefits and reimbursed him for a portion of his medical bills.Continue Reading Immigration Status is Irrelevent Under the Longshore and Harbor Workers’ Compensation Act