Douglas Matthews

Douglas Matthews

King, Krebs & Jurgens, PLLC

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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In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties...more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In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides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

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