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4th Circuit
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Jones Act Federal Circuits' & State Decisions - 4th Circuit
Saturday, 06 February 2010 05:47
Case Name: In re Complaint of Vulcan Materials Company
Date Decided: December 17, 2009
Court: U.S.D.C. Eastern District of Virginia
Judge: Judge Morgan Jr.
Citation: 2009 WL 4884017 (E.D.Va.)

Background:
This action arose from a wrongful death claim against Vulcan Materials Company. Currently before this Court is Vulcan's claim for contribution against the United States.

Freddie N. Porter Jr. and fellow Navy personnel departed from a US Naval base in five rigid-hull inflatable boats for a navigation training exercise.

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Jones Act Federal Circuits' & State Decisions - 4th Circuit
Saturday, 09 January 2010 05:53
Case Name: Newport News Shipbuilding and Dry Dock Company v. Harry Holiday, Director, Office of Workers' Compensation Programs
Date Decided: December 29, 2009
Court: U.S Court of Appeals, Fourth Circuit
Judge: Judge Neimeyer, Judge Duncan, Judge Jones
Citation: 2009 WL 5126220 (C.A.4)

Background:
This action involved a petition for review of the Benefits Review Board (BRB). Petioner, employer, Newport News Shipbuilding and Dry Dock Company, brought this appeal for review of a final order of the BRB holding that Newport News had not provided substantial evidence to rebut a presumption of compensability that the Longshore Harbor Workers' Compensation Act, LHWCA, provided once Holiday made his prima facie case of workplace related injury. The BRB also awarded Holiday's appellate counsel $250/hour down from the requested rate of $450/hour.

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Jones Act Federal Circuits' & State Decisions - 4th Circuit
Thursday, 19 November 2009 06:07
Case Name: Claire Green-Brown v. Sealand Services, Incorporated; Director, Office of Workers' Compensation Programs
Date Decided: October 29, 2009
Court: U.S. Court of Appeals, Fourth Circuit"
Judge: Judge Wilkinson, Judge Michael, Judge Keeley
Citation: 2009 WL 3465934 (C.A.4)

Background:
Plaintiff, Claire Green-Brown, ("Green-Brown") brought an action under the Longshore Harbor Workers' Compensation Act ("LHWCA") on behalf of decedent, former longshore worker.

Arthur Brown, decedent, worked as a shipping container repairman for Sealand Sercices, Inc. for about 17 years. While working for defendant, Sealand Services ("Sealand"), the decedent was exposed to loud noises and accordingly, filed a timely LHWCA claim for partial disability benefits due to noise-induced hearing loss suffered while he was employed by Sealand.

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Jones Act Federal Circuits' & State Decisions - 4th Circuit
Wednesday, 23 September 2009 17:47
Case Name: Charles H.  DIse v. Express Marine Inc.
Date Decided: September 4, 2009
Court: U.S.D.C District of Maryland
Judge: Judge Blake
Citation: 2009 WL 2871161 (D.Md.)

Background:
Pending before this Court were cross motions for summary judgment filed by plaintiff, Charles Dise ("Dise") and defendant, Express Marine Inc. ("EMI"). Dise brought an action to recover injuries sustained during his employment with EMI as a seaman and EMI countersued to recover payments made in connection with the accident that caused Dise's injuries.

Last Updated on Thursday, 22 October 2009 05:01
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