A commentary on insurance coverage issues in Hawaii and beyond
The claimant's request to modify her permanent partial disability award under the Longshore Harbor and Worker's Compensation Act (LHWCA) was ruled untimely since she waited several years after her initial compensation award. See Wheeler v. Newprot News Shipbuilding and Dry Dock Co., 2011 U.S. App. LEXIS 2889 (4th Cir. Feb. 15, 2011).
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Today's post departs slightly from insurance coverage matters, but is related to a prior post discussing the pursuit of intentional torts against insurers administering claims under the Longshore Harbor and Workers Compensation Act ("LHWCA"). The prior post described an article authored by my blogging colleague, Mark Murakami (hawaiioceanlaw.com), and me, noting that an exclusive remedy…
Our article, entitled “Getting Around LHWCA’s Exclusive Remedy Roadblock – Employee’s Claims Against Employer and Insurer for Intentional Torts,” has been published by Coverage, a periodical circulated to members of the ABA’s Section of Litigation, Insurance Coverage Litigation Committee. My Damon Key blogging colleague, Mark Murakami (hawaiioceanlaw.com), and I teamed to author the article…
The Ninth Circuit covered a lot of ground in reviewing the Benefits Review Board's ("BRB") determination that the claimant was entitled to benefits in Hawaii Stevedores, Inc. v. Ogawa, 2010 U.S. App. LEXIS 12767(9th Cir. June 22, 2010).
Ogawa was a storeroom maintenance clerk at the employer's marine terminal from 1977 to November…
Note today's post [here] by my Damon Key colleague, Mark Murakami, regarding coverage for a claim related to the Longshore Harbor and Workers Compensation Act. See Bayou Steel Corp. v. Evanston Ins. Co., No. 08-31206 (5th Cir. Nov. 10, 2009). The policy excluded coverage for injuries imposed on the insured by contract…
