Federal Workers’ Compensation Attorneys

Sound Advice. Deliberate Defense.

Federal Workers’ Compensation

By rigorously analyzing any given claim and crafting a practical defense strategy, the federal worker’s compensation lawyers at Juge Napolitano adopt a team-oriented approach to handle claims and offer successful defense and legal advice to insurers and employers.

Our comprehensive knowledge of the law, understanding of fellow practitioners across the country and ability to navigate the Department of Labor enhances our capability to provide practical solutions in the federal workers’ compensation sphere. Through insightful research and established relationships in this arena, our attorneys have the know-how to successfully handle even the most complex claims.

Under federal workers’ compensation, we primarily advocate for:

Insurance companies which issue maritime or LHWCA endorsed WC/EL policies
Insurance companies which issue MEL policies
Employers who employ those engaged in maritime activities
Employers who employ workers routinely engaged in exploration, production or transporting oil or natural resources conducted on the Outer Continental Shelf (OSC) — generally oil industry fixed platform workers with the exception of Jones Act seaman assigned to vessels that may be operating on the OCS
Employers who employ workers assigned to a particular vessel or identifiable fleet of vessels and whose duties contribute to the function of the vessel(s)

Under federal workers’ compensation, we primarily advocate for:

Insurance companies which issue maritime or LHWCA endorsed WC/EL policies
Insurance companies which issue MEL policies
Employers who employ those engaged in maritime activities
Employers who employ workers routinely engaged in exploration, production or transporting oil or natural resources conducted on the Outer Continental Shelf (OSC) — generally oil industry fixed platform workers with the exception of Jones Act seaman assigned to vessels that may be operating on the OCS
Employers who employ workers assigned to a particular vessel or identifiable fleet of vessels and whose duties contribute to the function of the vessel(s)

Legislative Initiatives

For us, a successful defense does not end in the courtroom. Our reputation for taking action on behalf of our clients has led to our involvement in writing and impacting state and federal workers’ compensation laws to ensure that employers’ interests are comprehensively protected.

Longshore and Harbor Workers’ Compensation Act

Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), the United States Department of Labor provides maritime and offshore employees workers’ compensation benefits. Our expertise in concurrent jurisdictional issues, detailed analyses of relevant laws and regulations and understanding of the claims process puts Juge Napolitano a step ahead in defending our clients.

Defense Base Act

If our clients are facing injury claims from overseas operations, our comprehensive understanding of the Defense Base Act offers expert legal advice for protecting employers under workers’ compensation.

Successful Solutions

Unwitnessed Accident Denied by ALJ After Judge Found Claimant Lacked Credibility

Handling Attorney — Jeff Mandel

An employee who worked on an offshore oil platform claimed an unwitnessed fall accident and injury. Our team worked with his lack of credibility throughout the case to secure a win for our client…

Bridgeworker Whose Work on Barge was Not Regular and Mere Happenstance Denied Longshore Jurisdiction, Lacking Situs

James Hough vs Vimas Painting Company, 44 BRBS 383 (ALJ), BRB No 10-0534, 44 BRBS 9 (05/24/2011)

Handling Attorney – Joe Guilbeau

A bridge worker contracted a fungal infection while working on barge was lacking situs and denied Longshore jurisdiction by the ALJ who determined his work as not regular and mere happenstance.

Claim for Additional Benefits for Alleged Back Condition Denied Due to Lack of Medical Records Until After Retention of Claimant Attorney

Freeman Harris vs Maritime Services, Case No 2009-LHC-00534, OWCP No 07-182735 ALJ Avery (11/05/2009)

Handling Attorney – Joe Guilbeau

After an employee was injured at his temporary job, his claim for additional benefits for an alleged back condition were denied due to misinformation in his medical records.

Longshore Claimant Who Initiated Physical Altercation With Supervisor on Job Denied Recovery For Alleged Injuries Under Section 903(c) Affirmative Defense

Ray Haydel vs Gramercy Alumina, Case No 2008-LHC-1604, OWCP No 07-182662 ALJ Rosenow, BRB No 10-0153 (09/08/2010)

Handling Attorney – Joe Guilbeau

With challenging claims under the LHWCA, a Longshore claimant who initiated a physical altercation with supervisor on the job was denied recovery for alleged injuries under Section 903(c) Affirmative Defense.

Two Riggers Conspired to Perpetuate a Fraud on the Court by Feigning Injury After No Impact Collision on Vessel, Denied Recovery

***Ronnie Price and Quentin Rogers vs Longnecker Properties,* Case Nos. 2014-LHC-1502 cw 2014-LHC-1510, ALJ Rosenow, BRB No 15-0425 (04/11/2016)

Handling Attorney – Joe Guilbeau**

This litigation involved claims from two riggers who conspired to perpetuate fraud on the court by feigning injury after a vessel collision, resulting in a unique decision from the ALJ and a double dose of justice.

Helper and Live-On Plug and Abandon Crew Working With Liftboat Injured During Decommissioning of Offshore Platform Project, Denied Seaman Status and 905(b) Recovery Pursuant to Motion for Summary Judgment by Employer NWS Substantial Time Worked on Vessel

An employee on a plug and abandon crew, who was living aboard the vessel and working with the liftboat, was injured during decommissioning an offshore platform project. Ultimately the claimant was denied Seasman Status and 905(b) Recovery pursuant to motion for summary judgment, resulting in a victory for our clients.

Earnings Not Reported to IRS, Not Considered in AWW Calculation

Handling Attorney – Joe Guilbeau

When an issue of average weekly wages arose, the claimant failed to report his full earnings to the IRS and his wages were not considered in the AWW calculation, resulting in the Juge Napolitano team avoiding a formal hearing and favorably settling the case.

Missile Assembler at Kings Bay Naval Base Lacked Both Situs and Status Longshore Jurisdiction, Therefore Denied

Handling Attorney – Joe Guilbeau

In a complex case involving a missile assembler at Kings Bay Naval Base, the claimant lacked both situs and status, resulting in a denial in Longshore jurisdiction and a favorable result for Juge Napolitano.

Statutes and Forms

Quick Guide to Longshore and Harbor Workers Compensation Act

Federal Longshore Collection:

OALJ

OWCP

Federal Workers’ Compensation Attorneys