Douglas Matthews

Douglas Matthews

King, Krebs & Jurgens, PLLC

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Does the Maritime Collateral-Source Rule Allow Recovery of Amount Billed or Paid?

The Fifth Circuit issued an opinion on November 17, 2016, in Robert Deperrodil v. Bozovic Marine, Inc., (No. 16-30009). In a case involving the injury to a passenger aboard a crew boat in high seas, the District Court was...more

11/23/2016 - Collateral Source Rule Insurance Industry LHWCA Longshoremen Medical Expenses

Proposed LHWCA Maximum Compensation Change May Concern Some Employers

The Office of Workers’ Compensation Programs, Department of Labor, posted proposed rules affecting section 906 of the Longshore and Harbor Workers’ Compensation Act 33 U.S.C. § 901 et seq., Federal Register, Volume 81, No....more

9/27/2016 - Compensation & Benefits Death Benefits LHWCA Longshoremen Maritime Transport Permanent Disability Seamen Workers' Compensation Claim

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that...more

8/25/2016 - ALJ Appeals DOL LHWCA Navigable Waters Oil & Gas Outer Continental Shelf Workplace Injury

Liar, Liar, Pants on Fire! Preventing the Application of the Section 20(a) Presumption with Surveillance

The recent decision of the U.S. Court of Appeals for the Fifth Circuit in Bis Salamis, Inc. v. Director, OWCP (Joseph Meeks), No. 15-60148 (March 17, 2016), highlights how the defense to a claim under the Longshore and Harbor...more

4/20/2016 - ALJ Evidence LHWCA Surveillance Workplace Injury

Is Choice of Law Subject to Waiver? Fifth Circuit Petitioned for En Banc Rehearing

On March 10, 2016, I reported on the Fifth Circuit’s opinion in Petrobras America, Inc., et al. v. Vicinay Cadenas S.A., No. 14-20589 (03/07/16), where the Fifth Circuit addressed the waivability of OCSLA’s choice of law...more

3/22/2016 - Choice-of-Law En Banc Review Energy Sector Jurisdiction Oil & Gas Petrobras Waivers

OCSLA Choice of Law Provision is Paramount

This week The United States Fifth Circuit Court of Appeals in Petrobras America, Inc., et al. v. Vicinay Cadenas, S.A., No. 14-20589 (03/07/16) addressed in further detail whether the choice of law provision under the Outer...more

3/11/2016 - Energy Sector Oil & Gas Outer Continental Shelf Petrobras Pipelines

Future Lost Wages Decision of Note by U.S. Fifth Circuit

The U.S. Fifth Circuit recently reversed and rendered a District Court’s finding of future lost wages so that it was based on statistical work life expectancy rather than Social Security retirement age. In the recent...more

9/15/2015 - Jones Act Lost Wages Oil & Gas Social Security Benefits Wage and Hour

OWCP on Verge of Amending Regulations to Include Electronic Submissions

On Thursday, March 12, 2015, the Department of Labor Office of Workers Compensation Program (OWCP) filed in the Federal Register (Volume 80, No. 48) a direct final rule and request for comments with regard to changes to OWCP...more

3/13/2015 - DOL Electronic Filing

Eleventh Circuit Refuses to Apply International Safety Management Code as Basis for Vessel Negligence

In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties...more

3/5/2015 - Longshoremen Negligence Vessels

A Beach Vacation from the Longshore Act

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured...more

7/15/2014 - Deepwater Horizon Gulf Oil Spill LHWCA

A SPAR Is Not A Vessel, But Is A SPAR A Building?

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window...more

4/14/2014 - Building Standards Vessels

Employer’s Notice Of Controversion (LS-207) Does Not Eviscerate Holding Of Andrepont

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), was recently asked to address the effect of the employer filing a notice of...more

3/13/2014 - Attorney's Fees Workers' Compensation Defense

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

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...more

3/13/2014 - Bodily Injury Jones Act Liens Shipyard Industry

Land-Based Jones Act Seaman Status, Emotional Damages, And The “Zone Of Danger”

Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more

3/13/2014 - Emotional Distress Damages Jones Act Shipyard Industry

The Further Adventures Of The Fifth Circuit And The LHWCA Jurisdiction Test

On Tuesday, October 8, 2013, the United States Court of Appeals for the Fifth Circuit in BPU Management, Inc. v DOWCP (Donald Morgan) again addressed jurisdictional coverage under The Longshore and Harbor Workers’...more

10/11/2013 - Jurisdiction LHWCA Longshoremen Workers' Compensation Defense Workplace Injury

Fifth Circuit Narrows “Adjoining Area” Definition In LHWCA Jurisdiction Test

On April 29, 2013, the Fifth Circuit issued an opinion for the en banc Court in New Orleans Depot Services, Inc. v. Director OWCP, 718 F.3d 384 (5th Cir. 2013) that effectively reformulated the 1972 situs jurisdictional...more

8/6/2013 - Employer Liability Issues Jurisdiction Workplace Injury

Termination For Misconduct Does Not Reopen LHWCA Claim, Fifth Circuit Follows Fourth Circuit In Deciding

The Fifth Circuit has followed the Fourth Circuit’s lead in deciding today that an employee’s termination for misconduct will not reopen a disability claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”)....more

3/20/2013 - Hiring & Firing Permanent Disability Reasonable Accommodation Termination Workplace Injury

Jones Act Status Remains Unavailable On SPARS

Jones Act status remains unavailable on SPAR Platforms, a type of deepwater floating oil drilling and production facility used in the offshore petroleum industry. While, as noted in the recent blog by Joseph Devall, Jr., the...more

1/14/2013 - Jones Act Oil & Gas SCOTUS Vessels

18 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×