Matthews Blogs on Trio of Maritime Law Court Decisions

03.13.2014

Doug Matthews has written blog posts examining three decisions that have come out of the courts in the last week regarding the Jones Act and LHWCA.

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore and Harbor Workers’ Compensation Act (LHWCA) to recover its payments from a recovery of Jones Act damages obtained by the employee for the same injury.

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.), No. 13-1594 (March 11, 2014), addressed the effect of the employer filing a notice of controversion (LS-207) on the employer’s responsibility, vel non, for the payment of the claimant’s attorney’s fees pursuant to 33 U.S.C. § 928(a).

Finally, in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14), the Fifth Circuit affirmed jury findings for a land-based worker to be covered by the Jones Act, but reversed the award of emotional damages.

The posts appear on King Krebs & Jurgens' Offshore Winds legal blog for marine and energy businesses.

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