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Jimmy Heath v. Gulf Island Fabrication, Inc., et al.
Date: 09-09-2025
Case Number: 24-cv-02939
Judge: Eldon E. Fallon
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)
Plaintiff's Attorney:
Click Here For The Best New Orleans Personal injury Law Lawyer Directory
Defendant's Attorney:
Click Here For The Best New Orleans Insurance Defense Law Lawyer Directory
Description:
New Orleans, Louisiana personal injury lawyer represented the Plaintiff who sued on a Longshore & Harbor Workers Compensation Act claim theory.
The Longshore and Harbor Workers' Compensation Act (LHWCA) is
a federal law providing compensation, medical care, and vocational rehabilitation for workers injured on the job in traditional maritime industries, such as longshoring, shipbuilding, and ship repair. It covers injuries occurring on navigable waters or adjoining areas used for maritime commerce. Benefits include medical treatment, payments for lost wages (up to two-thirds of the average weekly wage), and survivor benefits. Coverage is subject to both a "status test" (whether the work is part of maritime commerce) and a "situs test" (whether the injury location is on or adjacent to navigable waters).
Who is Covered?
The LHWCA covers employees engaged in longshoring operations, shipbuilding, ship repair, and other activities involving vessels. To be covered, an employee must meet two tests:
Status Test: The worker's job duties must be part of the maritime employment industry.
Situs Test: The injury must occur on navigable waters or in an adjoining area customarily used for maritime commerce (e.g., docks, piers, terminals).
What Benefits Are Provided?
Medical Benefits: Includes reasonable and necessary medical treatments, surgeries, rehabilitation, physical therapy, and durable medical equipment.
Disability Compensation: Payments for lost wages, based on the type of disability (temporary or permanent), cannot exceed two-thirds of the worker's average weekly wage.
Survivor Benefits: Payments to dependents if a work injury results in death, with benefits calculated based on the number of eligible dependents.
Vocational Rehabilitation: Services to help injured workers return to gainful employment.
Funeral Expenses: Up to $3,000 for funeral and burial costs.
Key Aspects
Federal Law: The LHWCA is a federal law, administered by the Department of Labor.
Annual Adjustments: Benefits are adjusted annually to account for wage inflation, rather than price inflation.
Time Limits: Claims must be filed within a specific timeframe, generally one year from the date the worker knew or should have known about their injury or death.
Employer Responsibilities: Employers or their insurance carriers are responsible for providing benefits and filing an "Employer's First Report of Injury" within a set timeframe.
How to File a Claim
An injured worker or their dependent should file an "Employer's First Report of Injury" or occupational illness as soon as possible. The Department of Labor's Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, is responsible for administering the Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) is
a federal law providing compensation, medical care, and vocational rehabilitation for workers injured on the job in traditional maritime industries, such as longshoring, shipbuilding, and ship repair. It covers injuries occurring on navigable waters or adjoining areas used for maritime commerce. Benefits include medical treatment, payments for lost wages (up to two-thirds of the average weekly wage), and survivor benefits. Coverage is subject to both a "status test" (whether the work is part of maritime commerce) and a "situs test" (whether the injury location is on or adjacent to navigable waters).
Who is Covered?
The LHWCA covers employees engaged in longshoring operations, shipbuilding, ship repair, and other activities involving vessels. To be covered, an employee must meet two tests:
Status Test: The worker's job duties must be part of the maritime employment industry.
Situs Test: The injury must occur on navigable waters or in an adjoining area customarily used for maritime commerce (e.g., docks, piers, terminals).
What Benefits Are Provided?
Medical Benefits: Includes reasonable and necessary medical treatments, surgeries, rehabilitation, physical therapy, and durable medical equipment.
Disability Compensation: Payments for lost wages, based on the type of disability (temporary or permanent), cannot exceed two-thirds of the worker's average weekly wage.
Survivor Benefits: Payments to dependents if a work injury results in death, with benefits calculated based on the number of eligible dependents.
Vocational Rehabilitation: Services to help injured workers return to gainful employment.
Funeral Expenses: Up to $3,000 for funeral and burial costs.
Key Aspects
Federal Law: The LHWCA is a federal law, administered by the Department of Labor.
Annual Adjustments: Benefits are adjusted annually to account for wage inflation, rather than price inflation.
Time Limits: Claims must be filed within a specific timeframe, generally one year from the date the worker knew or should have known about their injury or death.
Employer Responsibilities: Employers or their insurance carriers are responsible for providing benefits and filing an "Employer's First Report of Injury" within a set timeframe.
How to File a Claim
An injured worker or their dependent should file an "Employer's First Report of Injury" or occupational illness as soon as possible. The Department of Labor's Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, is responsible for administering the Act
Outcome:
ORDER denying 34 Motion for Attorney Fees without prejudice. Signed by Judge Eldon E. Fallon on 9/9/2025. (amj) (Entered: 09/09/2025).
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Jimmy Heath v. Gulf Island Fabrication, Inc., et al.?
The outcome was: ORDER denying 34 Motion for Attorney Fees without prejudice. Signed by Judge Eldon E. Fallon on 9/9/2025. (amj) (Entered: 09/09/2025).
Which court heard Jimmy Heath v. Gulf Island Fabrication, Inc., et al.?
This case was heard in United States District Court for the Eastern District of Louisiana (Orleans Parish), LA. The presiding judge was Eldon E. Fallon.
Who were the attorneys in Jimmy Heath v. Gulf Island Fabrication, Inc., et al.?
Plaintiff's attorney: Click Here For The Best New Orleans Personal injury Law Lawyer Directory. Defendant's attorney: Click Here For The Best New Orleans Insurance Defense Law Lawyer Directory.
When was Jimmy Heath v. Gulf Island Fabrication, Inc., et al. decided?
This case was decided on September 9, 2025.