Ship Lawyer Longshore and Harbor Workers Compensation 2

Question 1

What is the LHWCA Section 905(b) vessel negligence claim?

Accepted Answer

A tort claim by an LHWCA-covered worker against a negligent vessel owner separate from the workers' compensation claim

Answer

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?

Accepted Answer

The turnover duty, active operations duty, and the duty to intervene

Answer

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?

Accepted Answer

The DBA extends LHWCA benefits to overseas civilian contractors working on military bases

Answer

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?

Accepted Answer

By dividing total annual wages by 52, or using a similar worker's wages if that method is unfair

Answer

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?

Accepted Answer

A worker may be totally disabled even if capable of some work if no stable employment market exists for their limited capacity

Answer

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.

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Ship Lawyer Practice Test

Ship Lawyer Longshore and Harbor Workers Compensation 2