The following list contains selected U.S. District Court cases from the last year that litigate issues raised by practice under the Longshore and Harbor Workers' Compensation Act (31 U.S.C.S. § 901 et seq.). 

Carillo v. Reliance Nat'l Indem. Co., Civil Action No. 07-4060, 2007 Dist. LEXIS 78168 (E.D. La. Oct. 22, 2007).

Issues: penalties for late payment of settlement under 33 U.S.C.S. § 914(f) when employer or insurer becomes bankrupt, obligations of Louisiana Insurance Guaranty Association, and motions to dismiss under Fed. Rules Civil Proc., Rule 12(b)(6).

Carillo v. Reliance Nat'l Indem. Co., Civil Action No. 07-4060, 2008 U.S. Dist. LEXIS 15661 (E.D. La. Feb. 29, 2008).

Issues: enforcement of final order awarding penalty against Louisiana Insurance Guaranty Association under 33 U.S.C.S. § 914(f) for failure to timely pay settlement proceeds, summary judgment, and appeals to Benefits Review Board or federal court under 33 U.S.C.S. § 921.

Dinh v. La. Commerce & Trade Association-Self Insurers Fund, Civil Action No. 06-9653, 2008 U.S. Dist. LEXIS 42080 (E.D. La. May 27, 2008).

Issues: civil actions against insurers, borrowing employees, LHWCA claims, coverage under state workers' compensation law only, and responsible employers.

Ford v. Argosy Casino Lawrenceburg, Case No. 4:07-cv-0017-DFH-WGH, 2008 U.S. Dist. LEXIS 23558 (S.D. Ind. Mar. 24, 2008).

Issues: whether riverboat casino indefinitely moored to shore is ``vessel in navigation'' under Jones Act, and interpretation of ``vessel'' under LHWCA.

Guillory v. Gukutu, 534 F. Supp. 2d 267, 2008 U.S. Dist. LEXIS 11728 (D.R.I. 2008).

Issues: borrowed employees, factors of control, exclusive remedy of LHWCA under 33 U.S.C.S. §§ 905(a) and 933(i), and whether injury to deceased worker was caused by co-worker.

Hotard v. Devon Energy Corp., L.P., Civil Action No. 07-1476, 2008 U.S. Dist. LEXIS 42300 (W.D. La. May 29, 2008).

Issues: whether injured worker (mechanic in oilfield industry on Outer Continental Shelf) was borrowed employee or in course and scope of employment or whether injured worked could bring civil action against employer, and LHWCA case law on borrowed employees and control factors.

Magnon v. Forest Oil Corp., Civil Action No. 06-0587, 2007 U.S. Dist. LEXIS 69707 (W.D. La. Sept. 18, 2007).

Issues: injury on oil rig, Outer Continental Shelf, could injured worker sue employer in tort for negligence, or was worker obligated to use LHWCA, review of LHWCA case law on right to control and borrowed employees, and summary judgment.

In re Parker Drilling Offshore USA, L.L.C., Civil Action No. 03-2611, 2007 U.S. Dist. LEXIS 72763 (E.D. La. Sept. 28, 2007).

Issues: injury on oil rig, suit by employer's insurer to recover LHWCA benefits from owner of oil rig (benefits paid to injured worker), and subrogation and indemnity under contracts between parties.

Reed v. Holcim (US) Inc., Civil Action No. 06-10934, 2008 U.S. Dist. LEXIS 31588 (E.D. La. Apr. 16, 2008).

Issues: time to file request for default order under 33 U.S.C.S. §§ 918 and 914, and whether time to request default order was tolled pending review by Benefits Review Board.

Thibodeaux v. Vamos Oil & Gas Co., Civil Action No. 03-1883, 2008 U.S. Dist. LEXIS 39092 (W.D. La. May 14, 2008).

Issues: Jones Act, LHWCA claim, amendment of claim, notice of LHWCA claim, time to file claim, and relation back of time of filing claim.

[This list was compiled by Constance A. Bastian, Benefits Review Board Service--Longshore Reporter, Editor and Contributing Author.]