Tag Archives: LHWCA

Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions

The Longshore Act provides that no compensation shall be payable if the injury “was occasioned solely by the intoxication of the employee” [33 U.S.C.S. § 903(c), emphasis added]. The Ninth Circuit Court of Appeals recently denied review of a Benefits … Continue reading

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Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act

One of the important axioms of workers’ compensation law is that, generally, the employer takes the employee as it finds that employee [see Larson’s Workers’ Compensation Law, § 9.02]. That is to say preexisting disease or infirmity generally does not … Continue reading

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