About this trail:
Blog regarding Washington State Insurance Law
Trail link: http://trailfire.com/JohnO/trails/55753
Summary: http://trailfire.com/JohnO/trailview/55753
Summary: http://trailfire.com/JohnO/trailview/55753
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Virginia's one major seaport is in its Tidewater Region. Industry and commerce center around Hampton Roads, which is home to one of the largest naval bases in the world as well as major civilian shipping industries. Workers' compensation practitioners in the Tidewater who represent injured workers are often faced with dual jurisdiction: the Virginia Workers Compensation Act, Va. Code § 65.2-1, et seq. , and the federal Longshore and Harbor Workers Compensation Act (LHWCA) 33 U.S.C.S. § 901 et seq. Frequently, benefits are better under the LHWCA but to preserve their client's state rights practitioners will file a claim with the Virginia Workers' Compensation Commission and advise the Commission that the injured worker is currently receiving benefits under the LHWCA. In this expert commentary, Peter M. Sweeny discusses how this common practice was challenged in Robert B. Wainwright v. Newport News Shipbuilding and Dry Dock Co., 50 Va. App. 421, 650 S.E.2d 566 (2007).
