A security guard may be covered under the Longshore Act if his work is integral to shipbuilding.

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09/11/2012Caramore, Megan

The 1984 Amendments to the Longshore and Harbor Workers’ Compensation Act made it clear that employees who exclusively perform “office clerical, secretarial, security, or data processing work” are not covered by the Act so long as they are covered by the applicable state workers’ compensation act.  33 U.S.C. §902(3)(A). In a recent case, Gelinas v…. Read more »

A Corporate Entity: A Means to Limiting Liability, But Not Just a Shield

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07/13/2012Golden, Sean M.

Jul 2012 , Vol. VI, No.1 Authored by attorney Sean Golden It is an all-too-commonly held belief that, by merely registering an organization as a corporation or limited liability company with the State Corporation Commission, or by signing a corporation’s name to a contract, those individuals can totally shield themselves from liabilities associated with that… Read more »

Am I Responsible for That?

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07/13/2012Lowenstein, Neil S.

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed… Read more »

Keeping Third Parties At Arm’s Length

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07/13/2012Nicholas, Edward E.

Jul 2012 , Vol. VI, No.1 Authored by attorney Ned Nicholas If we contract with someone we expect that if we don’t hold up our end of the bargain, then we may get sued for breach of contract.  That is one of the known risks of doing business.  But we don’t expect to get sued… Read more »

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs… Read more »

New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton At the beginning of this year, the federal Department of Transportation (DOT) prohibited service vehicle drivers from using hand-held devices while driving. The DOT defines a service vehicle as any commercial motor vehicle. Examples of service vehicles include buses, freight carriers, and carriers of hazardous… Read more »

HB 153 is now Chapter 654 of the Virginia Code

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04/18/2012Bilisoly, F. Nash

On April 6, 2012, Governor McDonald signed HB 153, which excludes a person who suffers an injury on or after July 1, 2012 from coverage under the Virginia Workers’ Compensation Act if there is jurisdiction under either the Longshore and Harbor Workers’ Compensation Act or the Merchant Marine Act of 1920. The full text of… Read more »

Concurrent Jurisdiction is a Thing of the Past in Virginia

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02/29/2012Bilisoly, F. Nash

Virginia has always been a “concurrent” jurisdiction state. “Concurrent” in this context simply means that in some states there are some injuries that are covered by both the state’s workers’ compensation law and by the federal Longshore & Harbor Workers’ Compensation Act. A state that is listed as “exclusive” on the other hand has amended its workers’ compensation… Read more »