Comprehensive Seminar

All you need to know to handle claims from either side of the docket. A two-day comprehensive program designed to teach anyone how the LHWCA works, how the administrative actions differ from the statute and regulations, and how to handle claims efficiently with an eye towards valuing and resolving them. This course will prepare any longshore professional – adjusters, attorneys, supervisors, safety and personnel managers, underwriters, judges, auditors, and medical providers in the fundamentals of LHWCA claims. The seminar, presented at locations around the country, is supported with detailed written materials, reference and resources.

All aspects of the Longshore Act and its extensions are covered in-depth during this 2-day seminar. Credits are available for attorneys in states requiring CLE. Continuing education credits are available for insurance adjusters and other professionals. Please also note that most states allow self-reporting. Those states that do not; we will report on your behalf. Per those state CLE reporting laws, please be mindful that a small fee is required. You may provide payment to them or to us; and we will forward the funds to the state on your behalf. Among the topics discussed at length are:

Procedures & Forms

• Review of Office of Workers’ Compensation Programs procedures and forms to be filed by employer, carrier, and claimant

Jurisdiction & Coverage

• Coverage under The Longshore Act
• Tests to determine jurisdiction and exclusions

Notice & Statute of Limitations Requirements

• Obligation to notify employer of injury or illness
• Hazards of extended periods of absence
• Exceptions to statute of limitations
• How failure to file employer’s first report tolls the statute

Wages, Average Weekly Wage, and Compensation

• Earnings and benefits making up wages
• Methods for figuring average weekly wage
• Maximum and minimum compensation rates
• When, where, and how compensation is paid and when it can be determined

Controversion

• When a controversion should be filed
• Recent court decisions easing rules for controversions

Injury & Presumptions

• Definition of injury and relationship to presumption of compensability
• Employer’s burden to present evidence
• How presumption aids the employee

Medical Treatment

• Employee’s right to choice and change of physician
• Hazards of self-procured medical treatment
• Employer’s options when claimant refuses medical treatment
• Employer’s right to require an examination

Rehabilitation

• Why an employee need not accept, but must cooperate in employment evaluation
• Why an employer may refuse to furnish an employment evaluation
• Value of a labor market survey

Occupational Disease

• Handling occupational disease claims
• Benefits for retirees
• Third party settlement issues peculiar to occupational disease

Disability

• Types of disability
• Differences between scheduled and non-scheduled permanent partial disability
• Problems in obtaining permanent total disability

Third-Party Claims

• How an employer is reimbursed after payment of compensation
• Termination of benefits after an unapproved third-party settlement
• Claimant’s attorney consideration before settling third-party claims

Death Claims

• Eligibility of dependents
• Benefits structure and cost of living allowance
• Death benefit when death is unrelated to injury

Litigation

• Structure of court systems having jurisdiction over Longshore claims
• Position of the Office of Workers’ Compensation Programs on examiners and district director
• Preparing for a hearing before an administrative law judge
• Appeal of decision

Penalties & Interest

• Penalties for late filing, tardy payment of compensation, and failure to pay an award
• Interest on unpaid benefits

Special Fund

• Benefits and hazards of the Special Fund
• Application process for Office of Workers’ Compensation Programs

Settlement

• Benefits of settling claims
• Purpose of withdrawal of claim and end of commutations

Attorney Fees

• When attorney fees are paid
• Proper content of fee statement
• How employer can contest fees

Advanced Longshore Seminar

A one-day program that includes Advanced Longshore instruction as well as maritime personal injury litigation training. This seminar will enhance a longshore/maritime claims professional in evaluating and handling claims for seamen, longshoremen, and those individuals whose status is unclear. Utilizing the most recent court decisions, this seminar includes detailed narratives along with a special guide to Medicare Considerations for Longshore & Seamen’s Settlements. Special consideration will be given to jurisdictional analysis, trial and settlement strategy, insurance, compensation liens, medical treatment, maintenance & cure, third-party suits, settlements, removal, vessel status, navigable waters, and every important topic needed to handle and resolve maritime personal injury claims.

The advanced 1-day seminar is case-law oriented for those who want a more detailed understanding of maritime personal injury law, including the Longshore Act and its extensions, the Jones Act, seamen’s rights and remedies, and maritime personal injury remedies for non-maritime workers. Credits are available for attorneys in states requiring CLE. Continuing, education credits are available for insurance adjusters and other professionals. Please also note that most states allow self-reporting. Those states that do not; we will report on your behalf. Per those state CLE reporting laws, please be mindful that a small fee is required. You may provide payment to them or to us; and we will forward the funds to the state on your behalf.

Who should attend? Anyone interested in the most current legal and claims information on handling maritime personal injury claims, including those arising under the Longshore Act, the Jones Act, general maritime law tort claims and maritime personal injury litigation.

Explore jurisdiction in detail – how to determine if an injured person is a seaman, a longshoreman, or a non-maritime worker. What claims are possible? What defenses are available? What is the value of this suit or claim? How do state workers’ compensation claims and tort suits against non-employers impact handling of these claims?

Comprehensive discussion and explanation of credit, coverage, jurisdiction, damages, insurance coverage, and many, many more topics of vital interest to anyone involved in maritime personal injury litigation. The list below is a summary of major topics that will be highlighted:

Jurisdiction

• Determining jurisdiction for a personal injury
• Who is a seaman?
• Who is covered by the Longshore Act?
• What remedies does a non-maritime worker have?
• Death on the High Seas Act
• How conflicting claims are handled
• Credits and concurrent jurisdiction issues

Resolving Claims

• Litigation and mediation
• Insurance coverage disputes
• State v. federal suits
• Removal
• Evaluating personal injury claims
• Pecuniary loss measured
• Non-pecuniary damages – when and how they are recoverable

Situs, Status, and Concurrent Jurisdiction

• Case law reviewed
• Present judicial interpretations

Disability

• Calculation of scheduled disabilities and loss of wage-earning capacity
• Requirements for permanent total disability
• How to defeat such requirements

Death Claims

• Meaning of dependent
• Benefits to which dependents are entitled
• Statutory amounts paid after 1984 amendments

Occupational Disease

• Preparation of occupational disease case for litigation
• Application of 1984 amendments to occupational disease claims
• Class action suits

Cases Update

• An analysis of the most recent court decisions affecting longshore claims

Current Problems

• Practical considerations and strategic planning to use new decisions to maximize longshore claims handling

Third Party Claims

• Rights, obligations, and pitfalls for employer and claimant
• Examination of third-party suits against vessel owners as well as other third-party tortfeasors

The Ultimate Jones Act Seminar

The Ultimate Jones Act seminar is a one-day course presented by Thomas C. Fitzhugh III. The only program that presents in a single day the most current cases and trends in seamen’s litigation. Suitable for adjusters, supervisors, attorneys, and underwriters, this program explores in detail the fallout from the Supreme Court’s decisions on vessel status, punitive damages, and maintenance & cure. In addition, attention is given to electronic discovery, use of the internet for maritime litigation purposes, changes in federal rules for pleading and maritime practice. The parameters of seamen’s status, including concurrent claims made by maritime workers for both Longshore benefits and seamen’s tort remedies. Strategies for resolving claims that involve insurance coverage including overlapping or conflicting coverage. The course will review current trends in damages, including punitive damages, for maritime personal injury suits and liens asserted for child support, third-party health care, and also present the current state of the law regarding Medicare and settlements.

The Ultimate Jones Act:

“The United States Supreme Court has authorized imposition of punitive damages in suits for willful failure to pay maintenance and cure. The extent to which this decision may be used to seek punitive damages in other maritime personal injury suits, notably seamen’s actions under the general maritime law and the Jones Act, is a topic of vital importance to maritime professionals. The Supreme Court’s decisions on vessel and seaman’s status continue to reverberate through lower courts, and this seminar will explore in detail how the lower courts are applying these new definitions. This is the only one-day program devoted to seamen’s claims, damages, and defenses offered anywhere in the United States.”

The Ultimate Jones Act seminar is a one-day course presented by Thomas C. Fitzhugh III. It is designed for attorneys and insurance agents to familiarize them with the Jones Act from the perspectives of both plaintiff and defense lawyers. At the conclusion of the seminar, participants will be able to identify potential Jones Act claims and have the knowledge to investigate, defend or prosecute, and settle them on a reasonable basis. Credits are available for attorneys in states requiring CLE (includes one hour of professionalism/ethics credit). Continuing education credits are available for insurance adjusters and other professionals. Please also note that most states allow self-reporting. Those states that do not; we will report on your behalf. Per those state CLE reporting laws, please be mindful that a small fee is required. You may provide payment to them or to us; and we will forward the funds to the state on your behalf.

The specific topics that have been covered include:

• History of the Jones Act
• Interplay of Federal & State Remedies
• Burden of Proof
• Seaman’s Status
• Damage, Maintenance, & Cure
• What is a vessel?
• Forum Selection – State vs. Federal
• Persons Not Covered / Exclusions
• Ethics & Professionalism
• Procedure / Remand / Investigation
• Insurance Coverage Issues
• News Cases

Private Seminar

We also conduct private seminars. These programs are tailored to match your group’s specific needs. Programs range from half-day to three days in length and can be adapted to various interest groups: underwriters, vocational rehabilitation, auditors, adjusters, attorneys etc. This forum provides a very cost effective way to train your staff. Call or email us and we will set up a seminar that meets your needs.