Ship Lawyer Longshore and Harbor Workers Compensation 2 — Questions and Answers
Question 1: What is the LHWCA Section 905(b) vessel negligence claim?
- A tort claim by an LHWCA-covered worker against a negligent vessel owner separate from the workers' compensation claim (Correct answer)
- A claim against the worker's employer for negligence
- A claim for unseaworthiness
- A claim for defective cargo handling equipment
Correct answer: A tort claim by an LHWCA-covered worker against a negligent vessel owner separate from the workers' compensation claim
LHWCA Section 905(b) preserves the right of a covered worker to sue the vessel owner in negligence, separate from the workers' compensation claim against the employer.
Question 2: Following the Supreme Court's decision in Scindia Steam Navigation Co. v. De Los Santos, what duties does a vessel owner owe to LHWCA workers?
- The turnover duty, active operations duty, and the duty to intervene (Correct answer)
- Only the duty of reasonable care
- The same duties owed to Jones Act seamen
- Only the duty to maintain safe gangways
Correct answer: The turnover duty, active operations duty, and the duty to intervene
Scindia established three vessel owner duties to LHWCA workers: the turnover duty (safe condition at commencement of work), active operations duty (safe conditions during work), and the duty to intervene in known dangerous conditions.
Question 3: What is the Defense Base Act (DBA) and how does it relate to the LHWCA?
- The DBA extends LHWCA benefits to overseas civilian contractors working on military bases (Correct answer)
- The DBA provides additional benefits for naval workers
- The DBA is a separate workers' comp system for Coast Guard workers
- The DBA covers workers injured defending a vessel
Correct answer: The DBA extends LHWCA benefits to overseas civilian contractors working on military bases
The Defense Base Act extends the LHWCA's benefits and procedures to U.S. civilian contractors working outside the United States on military bases or under government contracts.
Question 4: Under the LHWCA, how is the average weekly wage calculated for a worker with irregular earnings?
- By dividing total annual wages by 52, or using a similar worker's wages if that method is unfair (Correct answer)
- Using only the most recent 13 weeks of earnings
- Using the maximum statutory wage
- Using only straight-time hours, excluding overtime
Correct answer: By dividing total annual wages by 52, or using a similar worker's wages if that method is unfair
The LHWCA provides three methods for calculating average weekly wage: annual wages divided by 52, average wages of a similar employee, or a fair and reasonable method when the others produce inequitable results.
Question 5: What is the 'odd-lot' doctrine under the LHWCA for total disability determinations?
- A worker may be totally disabled even if capable of some work if no stable employment market exists for their limited capacity (Correct answer)
- A doctrine for calculating benefits when wages fluctuate
- The rule for workers injured on irregular-shaped vessels
- A doctrine for workers in unusual job categories
Correct answer: A worker may be totally disabled even if capable of some work if no stable employment market exists for their limited capacity
The odd-lot doctrine holds that a worker is permanently totally disabled if their combination of injury, age, education, and experience makes them unsuitable for regular employment, even if theoretically capable of some work.
Question 6: What is the role of an Administrative Law Judge (ALJ) in LHWCA claims?
- To conduct formal hearings and issue decisions on disputed LHWCA claims (Correct answer)
- To assess penalties against employers
- To determine vessel seaworthiness
- To investigate maritime accidents
Correct answer: To conduct formal hearings and issue decisions on disputed LHWCA claims
When LHWCA claims are contested, they are referred to the Department of Labor's Office of Administrative Law Judges, where an ALJ conducts a formal hearing and issues a compensation order.
Ship Lawyer Longshore and Harbor Workers Compensation 2
What is the LHWCA Section 905(b) vessel negligence claim?