Houston, TX
Litigation Lawyer at Houston, TX
Practice Areas: Litigation, Admiralty & Maritime ... +3 more
OUTCOME: Prevailed on LHWCA Section 49 Discrimination claim
Former Employee claimed Employer wrongfully terminated him following filing of LHWCA claim. The Administrative Law Judge found that termination was related to alleged falsified expense reports, not w ... orkers compensation claim, and dismissed wrongful termination claim against Employer.
OUTCOME: Prevailed in Jones Act lawsuit against Employer.
Offshore worker was not "seaman" under the "Jones Act" 46 USC § 688, where worker performed duties as gauger and operator on wells and platforms, but often was transported by crew boat to wells or plat ... forms to perform his job, and fact that worker sometimes piloted crew boats and performed some routine maintenance on them did not establish that he did substantial amount of his work on vessel.
OUTCOME: Prevailed on LHWCA attorneys fees.
Claim for attorney's fees under Section 28 of the Longshore and Harbor Workers Compensation Act - LHWCA.
OUTCOME: Settled.
Maritime wrongful death lawsuit involving line handler who drowned while assisting in the movement of a freighter. Mr. Walker efended Employer of the deceased, linehandler as owner and operator (pro ... hac vice) of linehandling vessel.
OUTCOME: Represented Employer on LHWCA 33(g) bar.
Prevailed. Court found that Claimant entered into an unauthorized third-party settlement without the prior written approval of the Employer and/or Carrier. Because such settlements are prohibited u ... nder Section 33(g) of the LHWCA, the Employee's workers compensation claim was dismissed.
OUTCOME: Prevailed. LHWCA AWW did not include "travel pay"
Employer prevailed on LHWCA Section 10(c) defense that "travel pay" does not constitute "wages" for inclusion in calculating Average Weekly Wage ("AWW") for linehandler at the Port of Houston.
OUTCOME: Prevailed on Wrongful Death Lawsuit by Employee
District Court found that Plaintiff has elected remedies under Louisiana Workers Compensation Act, and dismissed Texas gross negligence lawsuit against his Employer.
OUTCOME:
Mandaumus proceeding arising from personal injury to maritime worker, and whether captain hired to deliver vessel was "employee" under the LHWCA, a "seaman" under the Jones Act, or an independent contr ... actor.
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