“I stay on the front side of the wave. My clients appreciate that.”
Douglas P. Matthews
Doug Matthews has practiced law in New Orleans for over 40 years and concentrates on a maritime trial practice as defense counsel. Doug has defended numerous Jones Act and 905(b) personal injury claims and also focuses on the Longshore Act, having presented the “employers'” case to Administrative Law Judges, the Benefits Review Board and the U.S. Fifth and Seventh Circuit Courts of Appeals. He has experience defending occupational illness claims under the Longshore Act, including audiological and pulmonary illnesses. In addition to Doug's practice in the Longshore and maritime fields, he has litigated state workman compensation claims, patent infringement claims, anti-trust claims, insurance coverage issues, claims of legal malpractice and product liability claims, both as individual suits and class actions.
Most notably, as a result of a request for the Maritime Law Association, he authored an amicus brief on behalf of the organization to the U.S. Supreme Court in the matter entitled Randall v. Chevron addressing status under the Longshore act. Doug has made frequent presentations on various maritime and Longshore Act issues at local and national seminars.
Beginning his career at Lemle Kelleher, Doug went on to be a founding partner of Frilot, LLC. In April 2008, Doug became a member of King & Jurgens. He’s a graduate of Loyola Law School and is “AV” peer-review rated by Martindale Hubbell.
- Received a decision from the U.S. Department of Labor Benefits Review Board reversing the decision of an Administrative Law Judge (ALJ) finding the firm’s client liable for a claimant’s benefits. The ALJ had determined that the client, who had hired the claimant’s employer for repair work to facilities in its shipyard, was a contractor under 33 USC 904(a) liable for the claimant’s disability due to his employer’s failure to secure insurance coverage or qualify as a self-insured employer under the Longshore and Harbor Workers’ Compensation Act. This basis of liability was raised, sua sponte, after the evidentiary hearing by the ALJ and was based, as was pointed out in the appeal, on mere speculation by the ALJ. The Benefits Review Board agreed and reversed, determining that the client had no liability for the claimant’s disability. Neafus v. Artisan Industrial Metals, BRB case no. 2015 LHC 00641 (8/30/18)(unpub.)
- Successfully obtained a decision from Administrative Law Judge Larry Price denying an employee’s claim against his employer for benefits under the Longshore and Harbor Workers’ Compensation Act. The employee was involved in an incident on his employer’s dock where he was said to have been thrown six to eight feet by water escaping from a ruptured pump seal. The employee eventually had surgery on his right knee, which he claimed was injured in this incident. The Judge, however, denied the employee’s claim based upon a showing of the employee’s significant misstatements to his treating physicians of prior medical history including the omission of prior chronic pain and swelling in his right knee. (2013)
- Successful in winning U.S. 5th Circuit Court appeal in Andrepont v. Murphy, circumscribing claimant's ability to force an employer to pay attorney's fees
- Worked with major developer and producer of genetically modified organisms to resolve licensing issue. Guided enforcement of licensing agreement and stewardship of their patents
- The LHWCA’s §933(g) Requirement Of Notification Is To Be Strictly Enforced
- Fourth Circuit Reverses Benefits Review Board’s View of the Effect of Retirement
- Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations
- “Last Employer Rule” In Occupational Disease Addressed By Fifth Circuit
- Psychological Injuries and Medical Examiners Under the LHWCA
- See complete list of posts on Offshore Winds (www.offshorewindsblog.com)
Honors & Recognition
- Louisiana Super Lawyers List, 2008-2019
- Martindale-Hubbell AV-Preeminent Peer-Review Rated (5.0 out of 5)
News & Appearances
Professional & Community Affiliations
- Louisiana State Bar Association
- Maritime Law Association of the U.S., Past Chair, Standing Committee on Stevedore Maritime and Vessel Services
- Southeastern Admiralty Law Institute, Past Port Director