Reinisch Wilson Weier PC Workers' Compensation Defense and Employment Law

Longshore Updates

Professional appearance and employment contracts may result in Longshore ‘zones of special danger’ benefits

By Michael H. Weier - on: Apr 26, 2016
In Steven Ritzheimer v. Triple Canopy, Inc.,[1] the five-member U.S. Department of Labor Benefits Review Board (BRB) recently issued a unanimous decision affirming an administrative law judge’s (ALJ) award of benefits for injuries sustained in a slip-and-fall upon exiting a bathtub shower after work. Among daily life activities, bathroom injuries are a common occurrence. Approximately…

Administrative law judges’ authority in LHWCA cases has limits

By Michael H. Weier - on: Dec 04, 2015
The U.S. Department of Labor Benefits Review Board (Board) in the matter of Pisaturo v. Logistec Connecticut[1] declared an administrative law judge (ALJ) impermissibly substituted his own judgment for expert medical opinion when the ALJ quintupled a claimant’s permanent partial disability (PPD) award. On October 31, 2005, Joseph Pisaturo (claimant), a longshore worker, fell and…

DOL Board declares shift change is a legitimate personnel action and denies claim for LHWCA benefits

By Michael H. Weier - on: Oct 30, 2015
The U.S. Department of Labor Benefits Review Board (Board) in Nathaniel E. Raiford v. Huntington Ingalls Industries, Inc.[1] declared an employer’s decision to change a shift that gave rise to claimant’s stroke and altered mental state was a legitimate personnel action, and denied disability and medical benefits under the Longshore and Harbor Workers’ Compensation Act…

When are claimant and defense counsel adequate to propose settlements in Longshore cases?

By Scott Kennedy and Reinisch Wilson Weier PC - on: Apr 08, 2015
Often viewed as “paternalistic” in nature, the Longshore and Harbor Workers Act requires oversight by the agency and courts to protect claimants who are “willing to waive lifetime claims for an immediate payment.”[1] A recent case and subsequent guidance regarding settlement review now require that “considerable weight be given to the views of the claimant…

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