Case Law

Date Decided: April 3^rd, 2009

Originally Filed in: Louisiana (Federal)

Decided by: Louisiana Western District Court (Federal)

Court: United States District for the Western District of Louisiana

Judge: District Judge Drell

Citation: 2009 WL 909577 (W.D.La.)

Background:

Defendants, P & O Ports Lake Charles, filed a motion for summary judgment against plaintiff, Michael Goins.

The plaintiff complained of defendant terminated his award payments despite a settlement under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). Plaintiff's suit sought enforcement of the LHWCA award. Defendants contended that payments were stopped when the plaintiff failed to submit to an independent medical examination by the defendants' physician. Defendants moved for summary judgment on those grounds.

Issues:
Whether summary judgment will be granted in favor of the defendant, and whether the Court will uphold the plaintiff's LHWCA award.

Held:

The Court held that the plaintiff's complaint under the LHWCA cannot be reviewed. Congress has put limits on judicial review of LHWCA compensation decisions, which prohibits the Court from delving into the details of the complaint.

Thus, with the plaintiff's complaint dismissed, the Court grants summary judgment in favor of the defendants.

Comments:

The Longshore and Harbor Workers' Compensation Act ("LHWCA") covers certain maritime workers, including most land-based workers not covered by the Jones Act.

Generally speaking, a worker covered by the LHWCA is entitled to temporary compensation benefits while undergoing medical treatment. Additionally, awards may be given for injury to body parts enumerated in the LHWCA and workers' loss of earning capacity.

Steve Gordon
http://www.offshoreinjuries.com