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State Supreme Court: Longshoreman Can Pursue Both State, LHWCA Benefits

By Emily Brill (Reporter)

Friday, August 11, 2017 | 512 | 0 | 0 min read

The Minnesota Supreme Court ruled on Wednesday that a longshoreman can seek workers' compensation benefits under both his state's scheme and the federal Longshore and Harbor Workers' Compensation Act, and that a workers' compensation judge abused his discretion when he dismissed the case for lack of jurisdiction.  Unless states have laws on the books indicating otherwise, injured longshoremen may seek benefits under both their state's scheme and the LHWCA. The U.S. Supreme Court established as much in its 1980 decision in Sun Ship Inc. v. Pennsylvania.  Some sta...

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