The Energy Law Blog
SEPTEMBER 11, 2020
Being familiar with your lease agreement is the key to understanding the extent of your rights and responsibilities, especially as they pertain to repair obligations, obligations regarding the payment or reimbursement of insurance deductibles, insurance recovery, and rights to termination and reduction (abatement) of rent.
The Energy Law Blog
APRIL 6, 2009
We hold that the exclusive remedy defense for qualifying general contractors is, likewise, available to premises owners who meet the Act’s definition of “general contractor,” and who also provide workers’ compensation insurance to lower-tier subcontractors’ employees. The court’s holding, however, did not change.
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The Energy Law Blog
SEPTEMBER 30, 2021
527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. Mandara Spa (Hawaii), LLC , the appellant seaman brought claims under the Jones Act and general maritime law for failure to pay maintenance and cure related to certain bodily injuries. Atkinson , 369 U.S.
The Energy Law Blog
NOVEMBER 28, 2016
DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s employer’s Longshore and Harbor Workers’ Compensation Act (“LHWCA”) insurer. DePerrodil’s medical providers billed the insurer $186,080.30
The Energy Law Blog
JUNE 24, 2019
Townsend case, in which a 5-4 majority opinion (written by Justice Thomas) ruled that punitive damages were available to a Jones Act seaman whose employer arbitrarily and capriciously fails to pay the injured or ill seaman maintenance and cure.
The Energy Law Blog
MARCH 25, 2019
If so, the EO will incur a variety of expenses related to providing employee parking facilities: “repairs, maintenance, utility costs, insurance, property taxes, interest, snow and ice removal, leaf removal, trash removal, cleaning, landscape costs, parking lot attendant expenses, security, and rent or lease payments.”
The Energy Law Blog
SEPTEMBER 29, 2017
In September 2012, Black Elk hired Compass Engineering and Consulting, LLC (“Compass”) to draft construction plans for maintenance on the platforms. Srubar, along with other Wood Group personnel conducted safety inspections on the platforms and were in charge of issuing “hot work” permits for tasks that could emit sparks, such as welding.
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