The End of Concurrent Jurisdiction in VA

HB153, ending concurrent jurisdiction in VA  was signed by the governor Friday April 6th and becomes effective July 1st. 2012

See previous post on this blog Mach 1st 2012 for more details or read a full copy of the bill at HB153 

Don’t expect the unions to give up fighting this, but for now it will be law in about 3 months.

The End of Concurrent Jurisdiction in VA?

The Virginia Senate approved a bill Tuesday Feb 28^th under which shipyard workers and longshoremen who suffer serious injuries on the job will no longer be covered through Virginia's workers' compensation program.

HB153, had already passed the House, 70-26, and now goes to the desk of Gov. Bob McDonnell.

The bill would take shipyard workers and other longshoreman out of Virginia's workers' comp program for any injuries suffered July 1 2012, or later.  They would depend solely on the Longshore Act.

Not surprisingly the International Longshoremen's Association opposes the legislation.

Florida–Revision to 6006F

Code 6006F was created in July 2006 as an all-inclusive FLORIDA ONLY classification for marine construction.

Typically, a classification code followed by the letter “F” indicates that the code includes premium for operations that are subject to the Longshore Act. Code 6006F applies to risks regardless of whether the marine construction is subject to the Longshore Act or not.

As a result, NCCI has revised the description of state special Code 6006F  to further explain the intent of the original filing which is that Code 6006F is applicable to all marine construction around all bodies of water regardless of whether the work is performed on navigable waters.

NCCI will begin to conduct selected inspections of these types of risks beginning in 2012 to ensure the accurate assignment of these classifications.

Navigating Maritime Employers Liability

Join us for a Webinar on February 8

Space is limited to the first 100 registrants Reserve your Webinar seat now at: https://www3.gotomeeting.com/register/883470790

This webinar is the third of a series entitled “Navigating Commercial Marine and Longshore insurance”. Focusing on specific issues within the field AND sponsored by LIG Marine Managers.   Future webinars will include: • Deadly Marine E&O Mistakes • California Mods and Longshore • Multistate Longshore Exposures Title: Navigating Maritime Employers Liability Date: Wednesday, February 8, 2012 Time: 11:00 AM - 12:00 PM EST After registering you will receive a confirmation email containing information about joining the Webinar.

Parking Lot is Covered Longhsore Situs

Williams v. Northrop Grumman Shipbuilding, Inc., BRBS (2011).

The BRD recently held that the situs requirement was met where claimant's injury occurred on employer's parking lot located within the perimeter of employer's shipyard that is adjacent to navigable waters, albeit separated from the shipyard's working areas by a fence and a security gate.

Claimant, a nuclear pipe worker, fell and injured his shoulder in employer's North Yard Parking Lot. The parking lot is situated on the premises of employer's shipyard; however, it is separated from the working areas by a fence. It is owned and maintained by employer for use by its employees, Navy personnel, and contractors who have business with employer, and is used solely for parking. There is no access to navigable waters from the parking lot, and employees must swipe their badges at a security turnstile at one end of the lot to enter the production area.

The Board reasoned that the Fourth Circuit, within whose jurisdiction this case arose, has defined "adjoining area" under §3(a) as a discrete shoreside structure or facility that is similar to the enumerated areas, actually contiguous with navigable waters, and customarily used for maritime activity.   Here, employer's property extended from navigable waters to the outer edge of the parking lot. The Board concluded that "claimant's injury occurred in a shipbuilding area contiguous to navigable waters …."

7 Minutes to save you 7% or more on your Florida Longshore account

Join us for a Webinar on January 10

This webinar is the first of a series entitled Commercial Marine and Longshore insurance.  Focusing on specific issues within the field sponsored by LIG Marine Managers.   Each presentation will be under 10 minutes and then will provide time for questions and answers at the end.

Future webinars will include:
•  Understanding the new Recreational Vessels Regulations in  
               Longshore
•  Deadly Marine E&O Mistakes
•  California Mods and Longshore
•  Multistate Longshore Exposures

Tuesday, January 10, 2012
Time: 11:00 AM - 11:30 AM EST

After registering you will receive a confirmation email containing Space is limited to the first 100 registrants:
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/640975350

Recreational Vessel Regulations Published

The long awaited regulations implementing the ARRA changes in the Longshore act from Feb 2009, were finally published Friday, Dec 30^th 2011.

The full text of the history and rule can be found at http://www.federalregister.gov/articles/2011/12/30/2011-32880/regulations-implementing-the-longshore-and-harbor-workers-compensation-act-recreational-vessels

The history and discussion is interesting, but you need to run down over ¾ of the way down the document, just under the section titled “AUTHORITY” for the actual revisions .

I am sure there will be much more comment, but this rule will take effect Jan 30^th 2012.