LHWCA Statute of Limitations

Monday, July 15, 2002
In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit ruled that the one-year statute of limitations under the Longshore and Harbor Workers' Compensation Act (LHWCA) does not commence to run until the claimant knew or had reason to know that the injury was likely to impair his earning capacity. In the instant case, plaintiff hook man injured his back while working in a shipyard in 1993. He was temporarily out of work, but then worked regularly for four years, but while seeing a doctor, who noted that the condition was gradually worsening. In 1997, plaintiff underwent a nerve block procedure and then filed a disability claim. Defendant shipyard contended that plaintiff knew more than one year previously that his back injury would impair his earning capacity. Over the vigorous objection of one judge, the court held that, until his doctor scheduled him for the nerve block procedure, plaintiff had no reason to know that his back condition would impair his earning capacity. Newport News Shipbuilding and Dry Dock Company v. Williams Source: HK Law

Legal

US Coast Guard Announces Final TWIC Rule

The U.S. Coast Guard announced Tuesday the publication of the final rule concerning Transportation Worker Identification Credential (TWIC) reader requirements. The

Riyadh MOU PSC CIC on Pilot Transfer Arrangements

Six (6) countries (Bahrain, Kuwait, Qatar, Saudi Arabia, Oman and UAE) of the Riyadh MoU in the Gulf Region are planning the following PSC Concentrated Inspection

Ukraine to Sue Russia Over Maritime

Ukraine plans to launch legal proceedings against Russia for violating United Nations convention with its annexation of Crimea, the Moscow Times quoted Ukraine’s

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Navigation Pod Propulsion Salvage Ship Electronics Ship Repair Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0732 sec (14 req/sec)