Service Employees International v. Director, Office of Workers' Compensation Programs: Increasing the Uncertainty regarding the Proper Courts for Judicial Review of Claims under the Defense Base Act
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Authors
Ruhlman, Heather
Issue Date
2011
Volume
44
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Congress enacted the Defense Base Act ("DBA") in 1941 to provide workers' compensation benefits to employees who sustained injuries or died while working on government projects overseas. Congress enacted the DBA as an extension of the already existing Longshore and Harbor Workers' Compensation Act ("LHWCA"), and intended that the DBA follow the LHWCA's provisions except where specific DBA language deviated from that of the LHWCA. Initially, under both acts, the United States District Courts reviewed benefits determinations. However, this parallel system changed when Congress amended the LHWCA in 1972 to provide for United States Courts of Appeals review of benefits determinations. Congress left the DBA's parallel judicial review provisions unchanged. Since the LHWCA amendments, the courts of appeals have not agreed on whether the DBA language or the LHWCA language directs which courts have jurisdiction to review DBA benefits determinations...
Description
Citation
44 Creighton L. Rev. 769 (2010-2011)
Publisher
Creighton University School of Law