Disclaimer

The memoranda below were published in the BRBS Longshore Reporter by Yelena Zaslavskaya, OALJ's Senior Attorney for Longshore; Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, Division of Black Lung and Longshore Legal Services; or William Dorsey, former Administrative Law Judge and Scott Hardy, former OALJ Attorney Advisor.  These articles were prepared by Ms. Zaslavskaya and Mr. Reinhalter in their capacity as members of the Advisory Board of the BRBS Longshore Reporter, and are reproduced here with the permission of the BRBS.  The views and opinions of the authors are their own, and do not constitute the official opinion of the U.S. Department of Labor or the Office of Administrative Law Judges.

Memoranda

  • Paola, Determining the Reasonable Hourly Rate: An Update on Recent Decisions and Evolving Issues (Jan. 2024) PDF
  • Reinhalter, Benefits Review Board Settles Time Limit for Section 22 Modification Request Following a Compensation Order Partially Rejecting A Claim (Oct. 2023) PDF
  • Bergel, Avoiding the "Untenable Result": Albonajim and the Calculation of the Average Weekly Wage in PTSD-related Defense Base Act Claims (Mar. 2023) PDF
  • Reinhalter, Benefits Review Board Approves Compensation for Tinnitus in Cases Involving Monaural Hearing Loss (Oct. 2022) PDF
  • Zaslavskaya, Rodriguez v. Triple Canopy, Inc.: The Board Addresses Timeliness of a Psychological Injury Claim in a Defense Base Act Case (revised Mar. 2022) PDF
  • Reinhalter, Claimant’s Right to Select Audiologist Affirmed by Benefits Review Board (Oct. 2021) PDF
  • Zaslavskaya, Jordan v. SSA Terminals, LLC.: The Ninth Circuit Provides a Legal Standard for Analyzing Claims of Disability Based on Pain (Feb. 2021) PDF
  • Zaslavskaya, The Authority of Administrative Law Judges to Impose Sanctions in Cases Arising under the Longshore Act (Feb. 2020) PDF
  • Reinhalter, Fourth and Fifth Circuits Issue Coverage Decisions (Sept. 2019) PDF
  • Reinhalter, Recent Decisions Applying LHWCA Section 33(g) Forfeiture Provision (Nov. 2018) PDF
  • Zaslavskaya, Post-retirement Disability Claims under the Longshore Act (May 2018) PDF
  • Reinhalter, The Scope of an ALJ’s Authority Under the LHWCA (Jan. 2018) PDF
  • Zaslavskaya, Medical Benefits Under Section 7 of the LHWCA: Select Issues (Aug. 2017) | PDF
  • Reinhalter, Secondary Injuries: Fourth Circuit Applies Section 20(a) Presumption (Apr. 2017) PDF
  • Reinhalter, OCSLA Coverage Post-the Supreme Court’s decision in Valladolid (June 2016) PDF
  • Dorsey and Hardy, Do You Know When Your Fee Petition is Due? The Rocky Road Untimely Attorney’s Fee Petitions (Apr. 2016) PDF
  • Reinhalter, Recent Developments Regarding the Scope and Application of the Zone of Special Danger Doctrine (Mar. 2015) PDF
  • Zaslavskaya, Evaluation and Weighing of Medical Opinion Evidence in Longshore Cases (Mar. 2015) PDF
  • Zaslavskaya, Resolving Longshore Claims Through Settlements and Stipulations: Overview of Current Issues and Developments in Administrative Law Judges' Decisions (June 2, 2014) PDF
  • Reinhalter, Update on the Meaning and Proper Application of Section 6(c) of the Longshore and Harbor Workers’ Compensation Act (Feb. 2014) PDF
  • Zaslavskaya, Compensation Orders in Litigated LHWCA Claims: What the ALJs and the Parties Should Know (May 20, 2013) PDF
  • Zaslavskaya, Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity (Feb. 2012) PDF
  • Zaslavskaya, Reasonable Hourly Rate Determination: Overview of Recent Decisions (Mar. 2011) PDF
  • Zaslavskaya, Who Is an "Employee:" Construction Workers, Dock Workers, and Specialty Occupations (Mar. 2010) PDF