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High Court Says Worker Excluded From LHWCA Can Pursue Maritime Negligence Claim

Monday, March 3, 2025 | 0

The California Supreme Court said an appellate court erred when it determined that amendments to the Longshore and Harbor Workers' Compensation Act triggered exclusive remedy provisions under state law and prohibited an injured worker from pursuing negligence claims under general maritime law. "The 1984 amendments to the LHWCA specify which workers' compensation scheme — federal or state — applies, but they did not themselves purport to abrogate available general maritime remedies for those outside the LHWCA's scope," the high court said Thursday in Ranger v....

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