USCA2d: Last Employer Rule not a Defense

The US Court of Appeals for the 2nd Circuit ruled last week that the 'last employer rule' under the Longshore and Harbor Workers Compensation Act (LHWCA) does not permit the first employer to use the rule as a defense, and thus overcompensation by the last employer will not terminate benefits due from the first employer.In New Haven Terminal Corp. v. Lake (07/21/03 - No. 01-4005), Lake injured his back while he was working for New Haven Terminal as a longshoreman in 1993 on the New Haven dock. He returned to work on February 1, 1994, as a field checker and light-duty laborer with lower weekly...