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Exclusivity Provision of LHWCA Bars Shipfitter's Tort Claim

Wednesday, March 25, 2020 | 124 | 0 | 19 min read

The Pennsylvania Superior Court ruled that an injured worker could not proceed with a tort claim against a shipbuilder that had hired his employer to recruit employees. Case: Sardina-Garcia v. Brownsville Marine Products LLC, No. 1254 WDA 2019, 03/13/2020, published. Facts: Javier Sardina-Garcia worked for MK Industries as a shipfitter. MK had a general staffing agreement with Brownsville Marine Products LLC that obligated MK to recruit qualified employees for BMP. MK would pay the employees, withhold taxes, provide benefits, perform drug screens and criminal background checks, verify ...

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