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In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit ruled that the one-year statute of limitations under the Longshore and Harbor Workers' Compensation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

Vallianz Rejects Payment Request from Swiber Managers

Vallianz Holdings, which provides support vessels for the oil industry, said on Wednesday it had refused a request from the judicial managers of shareholder Swiber Holdings to pay around $63.

Hyundai Merchant Marine to buy Hanjin's 'Good' Assets

South Korea's financial regulator said on Wednesday that Hyundai Merchant Marine Co Ltd will seek to acquire healthy assets of troubled shipper Hanjin Shipping Co Ltd.

Hanjin files for Receivership, Ports Turn Away Vessels

Hanjin says asks court for its assets to be frozen; Hyundai Merchant looking to buy Hanjin's "good" assets. South Korea's Hanjin Shipping Co Ltd filed for court

 
 
Maritime Contracts Maritime Security Maritime Standards Navigation Offshore Oil Salvage Ship Repair Ship Simulators Sonar Winch
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: 0.0796 sec (13 req/sec)