The U.S. 5th Circuit has finally weighed in on the application of the collateral source rule to Longshore benefits. Back in June, we discussed the latest case out of the EDLA discussing this issue. On November 17, 2016, the U.S. Fifth Circuit came to the same conclusion: a plaintiff may only recover the amount actually
Decedents Who Are Neither Jones Act Seaman Nor Covered By The LHWCA Are “Nonseafarers”
By Kean Miller on
Posted in Admiralty and Maritime, Louisiana In General
In the recent case of In re Marquette Transp., No. 13-5114, 2016 WL 1695109 (E.D. La. 4/26/16), Judge Sarah Vance offered the latest comment on how a “seafarer” is defined by the landmark U.S. Supreme Court case of Yamaha Motor Corp. U.S.A. v. Calhoun, 516 U.S. 199 (1996).
In re Marquette arose out of…
U.S. 5th Circuit Affirms That Tension Leg Platforms (TLP’s) Are Not Vessels
By Tod Everage on
Posted in Admiralty and Maritime, Louisiana In General
Given the significantly better benefits available to an injured worker who qualifies under the Longshoreman and Harbor Workers’ Compensation Act (“LHWCA”) compared to a state workers’ compensation scheme, attorneys for injured workers are constantly trying to fit their client into the LHWCA to maximize their potential recovery. As a result, there is a steady availability…
EDLA Confirms That LHWCA Medical Benefits Are Not Subject To Collateral Source Rule
By Tod Everage on
Posted in Admiralty and Maritime, Louisiana In General
The application of the collateral source rule is a common dispute in personal injury litigation because it affects the amount of recoverable damages in the case. When it applies, the defendant is potentially on the hook for a higher amount of past medical expenses, typically, the amount invoiced by the medical providers. When it does…
Longshore and Harbor Workers’ Compensation Act 101 – Who is Covered
By Chauvin Kean on
Posted in Admiralty and Maritime
The following is an overview of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) which introduces general concepts concerning coverage and benefits under the Act. It should be noted that there are many more procedural and substantive aspects of the LHWCA that are not covered in this brief overview.
Background on the LHWCA:
In…
U.S. Fifth Circuit Rules in Favor of Employer on Liability for LHWCA Benefits Following Offshore Accident
By Sean McLaughlin on
The 5th Circuit issued a decision this week addressing an employer’s liability for benefits under the LHWCA to an employee who was allegedly injured while working. Although the end result was employer-friendly, it took numerous appeals for the employer to obtain it. Although some language suggests the plaintiff also filed a separate tort suit, this…
The Fifth Circuit’s Latest Longshore and Harbor Workers’ Compensation Ruling
By Daniel Stanton on
Posted in Admiralty and Maritime
In its most recent decision regarding Longshore and Harbor Workers’ Compensation Act (LHWCA) coverage, namely New Orleans Depot Services, Inc. v. Director, Office of Workers’ Compensation Programs, 718 F.3d 384 (5th Cir. 2013) (en banc), the United States Fifth Circuit Court of Appeals defined “adjoining” as used in the LHWCA to mean “bordering on…
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…