By: 1-800-OBRYANS on June 3, 2014

The U.S. Senate cleared for President Obama’s signature a $12.3 billion water-project/dredging bill that lawmakers said would boost dredging to accommodate bigger ships built to transit the Panama Canal. The measure passed 91-7, it is on track to become the first water infrastructure bill enacted si …

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By: 1-800-OBRYANS on May 17, 2014

The US Coast Guard just released its 2013 Recreational Boating Statistics revealing that 560 boating fatalities occurred that year.  While this represents the lowest number of boating fatalities on record, it is nevertheless a very sobering statistic.  No pun intended, as alcohol continues to repres …

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By: 1-800-OBRYANS on May 16, 2014

In the event of an injury, as a maritime worker, it is often confusing as to whether you are entitled to an injury claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 USC §901, et seq., or monetary damages pursuant to the Jones Act, 46 USC §30104 and the General Admiralty …

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By: 1-800-OBRYANS on May 14, 2014

A terrible accident occurred on the Trinity River near the Chambers-Liberty County line in Texas: A father from Daytona was driving his boat with his family on Mother’s day when tragedy struck. He was pulling his 3 children in an inner tube. As the boat was rounding a turn, it hit a partially submer …

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By: Kirk Karamanian, Esq. on May 7, 2014

In a recent case, the Fifth Circuit analyzed the “functional component” prong of its situs test for jurisdiction over Longshoremen and similar workers, concluding that the area where claimant was injured was not used in the vessel unloading process and therefore was not a covered situs under the Act …

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By: Dennis M. O'Bryan on April 30, 2014

On March 10, 2014, the Fifth Circuit Court of Appeals issued a landmark opinion, Naquin v Elevating Boats, L.L.C., 744 F.3d 927 (5th Cir. 2014), further qualifying the “perils of the sea” seaman status requirement where it found a vessel repair supervisor to be a seaman even though he was rarely req …

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By: Dennis M. O'Bryan on April 28, 2014

Taxes of a state, or political subdivision thereof, may not be deducted from a seaman’s or a fisherman’s wages except for seamen on voyages between ports in the same state who have a voluntary agreement with the employer to deduct them. See 46 USC 11108. This does not mean that a seaman or fisherman …

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By: Dennis M. O'Bryan on April 28, 2014

Federal law (46 USCA 11108) exempts seamen’s wages from garnishment, and in the process thereof, immunizes the employer from any liability for refusing to honor any such garnishment. This exemption does not apply however to any garnishment or attachment arising out of divorce proceedings, such as al …

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By: Dennis M. O'Bryan on April 28, 2014

In one of the more unique questions posed by the experienced Jones Act attorney, Dennis M. O’Bryan around the country, in McKinney v American River Transp. Co., 2013 WL 3270955 (S.D. Ill.), District Judge Reagan ruled that a seaman who left the vessel because of masturbation-induced headaches may be …

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