Section 22.26 History and Development of Act
| Library | Tort Law 2016 |
B. (§22.26) History and Development of Act
Before the 1972 amendments, the scope of LHWCA permitted recovery only if a remedy under state workers’ compensation law was not provided. This spawned much litigation regarding state versus federal jurisdiction conflicts. The 1972 amendments broadened the scope of LHWCA and resolved these state versus federal jurisdiction issues by eliminating the condition that a state compensation remedy be unavailable to the claimant. Nevertheless, a general understanding of...
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- Section 22.1 Overview
- Section 22.2 Generally
- Section 22.3 Liability
- Section 22.4 Quantum of Proof
- Section 22.5 Defenses
- Section 22.6 Damages
- Section 22.7 Death Claims
- Section 22.8 Jury Instructions
- Section 22.9 Federal vs. State Laws
- Section 22.10 Statute of Limitations
- Section 22.11 Venue
- Section 22.12 Protection of Fellow Employees
- Section 22.13 Generally, and the Incorporation of Federal Employers’ Liability Act
- Section 22.14 Definitional Problems Regarding Seamen
- Section 22.15 Remedies in the Context of Longshore and Harbor Workers’ Compensation Act and State Compensation Statutes
- Section 22.16 Applicability to Masters and Ships’ Officers
- Section 22.17 Course of Employment
- Section 22.18 Activities Ashore
- Section 22.19 Death
- Section 22.20 Degree of Causation
- Section 22.21 Treatment
- Section 22.22 Value of Vessel and Pending Freight
- Section 22.23 Owners and Operators
- Section 22.24 Procedural Matters
- Section 22.25 Applicability
- Section 22.26 History and Development of Act
- Section 22.27 Scope of Coverage
- Section 22.28 Navigable Waters
- Section 22.29 Employees Not Covered
- Section 22.30 Disability or Death
- Section 22.31 Medical Treatment
- Section 22.32 Actions Against Third Persons
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