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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