Maritime

Indemnity Agreement Not Inferred in Oilfield Contract

Indemnity agreements will not be easily inferred in the absence of a written contract, the First Circuit Court of Appeal recently reminded. In Walton v. Guidry, 2017-0784 (La. App. 1 Cir. 1/4/18), responsibility for payment of benefits under the Longshore and Harbor Workers’ Compensation Act hinged on whether an indemnification agreement existed between the nominal

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Payment of State Settlement Extends Time for Filing Occupational Disease Claim Under LHWCA

In a case of first impression, the Benefits Review Board determined that payment of settlement proceeds under a state compensation act extends the time for filing a claim for occupational disease benefits under the Longshore and Harbor Workers’ Compensation Act. The claimant worked as a welder in the 1970s for the employer, and then worked

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Offshore Floating Tension Leg Platform Not a Vessel

An offshore floating tension leg platform is not a vessel, according to the U.S. Fifth Circuit’s recent decision in Baker v. Director, OWCP, 15-60634 (5th Cir. 8/19/16). The issue in Baker involved whether a worker injured during the construction of an offshore platform was entitled to benefits under the Longshore and Harbor Workers’ Compensation Act. 

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Plaintiff Cannot Be Compensated for Help Managing His Damage Award

A Louisiana federal judge recently rebuffed a plaintiff’s attempt to extend the range of available damages to include an award for “financial management” damages in a Jones Act claim.  The opinion contains little factual information, but the plaintiff apparently was 27 years old at the time of the injury and had reached maximum medical improvement

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Louisiana Third Circuit Awards Attorney’s Fees Even After Maintenance and Cure Paid

The Louisiana Third Circuit Court of Appeal recently decided an apparently novel issue under maritime law.  The Third Circuit held that an employer that arbitrarily delays paying maintenance and cure is liable for the plaintiff’s attorney’s fees, even those incurred after the payment of maintenance and cure, if the employer pays the benefits conditionally and

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OCSLA Covers Auto Accident, Says Benefits Review Board

The Benefits Review Board, the appellate arm overseeing the administration of the Longshore Act and its extensions, recently examined an important U.S. Supreme Court decision involving injuries related to offshore oil and gas production. The Board found coverage under the Outer Continental Shelf Lands Act (“OCSLA”) for an offshore worker injured in an accident while

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