January 31, 2017 Articles

Maritime Collateral-Source Rule

Are longshore and harbor workers entitled to recoup the full amount of medical expenses billed to an LHWCA insurer?

By Sidney W. Degan, III

A recent case from the United States Fifth Circuit Court of Appeals dealt with the question of whether longshore and harbor workers, injured by a third-party tortfeasor, are entitled to recover the full amount of medical expenses incurred as the result of a work-place injury, or whether, longshore and harbor workers are only entitled to recover the amount of medical expenses actually paid by an employer’s Longshore and Harbor Workers’ Compensation Act (LHWCA) insurer.

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