If you are a contractor who has been injured on the job while working overseas in Iraq, Afghanistan, Kuwait, Syria or on any military base across the world, your case is covered by the Defense Base Act which is an extension of the Longshore and Harbor Workers’ Compensation Act. At the Law Offices of Gillis, Mermell & Pacheco, P.A., our qualified defense base act lawyers have a combination of over 43 years of experience in representing injured workers covered by the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act. Let us put our years of experience and our reputation to work for you today! Contact us today at email@example.com, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.
Our expierenced Defense Base Act Lawyers are here to help you with any questions you have regarding your DBA case. Here are some very interesting facts and case summaries regarding Interest Payments in a DBA or Longshore case coming directly from the Judge’s Deskbook from the Office of Administrative Law Judges. Let our experienced Defense Base Act Attorneys answer your questions. The Judge’s Deskbook is a searchable website which is a public record. According to the Judge’s Deskbook:
Although the Longshore Act does not provide for interest to be paid on past due disability benefits, the Board and the courts have upheld interest awards as consistent with the Congressional purpose of making claimants whole for their injuries. Sea-Land Service, Inc. v. Barry, 41 F.3d 903, 29 BRBS 1(CRT) (3d Cir. 1994); Foundation Constructors, Inc. v. Director, OWCP, 950 F.2d 621, 25 BRBS 71(CRT) (9th Cir. 1991); Strachan Shipping Co. v. Wedemeyer, 452 F.2d 1225 (5th Cir. 1971), cert. denied, 406 U.S. 958 (1972); Grant v. Portland Stevedoring Co., 16 BRBS 267 (1984), modified on recon., 17 BRBS 20 (1985); Morris v. Washington Metro. Area Transit Authority, 12 BRBS 208 (1980); Watkins v. Newport News Shipbuilding & Dry Dock Co., 8 BRBS 556 (1978), aff’d in pert. part and rev’d on other grounds sub nom. Newport News Shipbuilding & Dry Dock Co. v. Director, OWCP, 594 F.2d 986, 9 BRBS 1089 (4th Cir. 1979). Interest may be assessed against employer on overdue medical expenses, whether reimbursement is owed to the provider or to the employee. Ion v. Duluth, Missabe & Iron Range Ry. Co., 31 BRBS 75 (1997). Interest is assessed on all past due benefits including amounts due under Section 14(f), 33 U.S.C. §914(f). McKamie v. Transworld Drilling Co., 7 BRBS 315 (1977). Interest is due on untimely paid funeral expenses. Adams v. Newport News Shipbuilding & Dry Dock Co., 22 BRBS 78 (1989). Interest is payable on an overdue award of interest. Brown v. Alabama Dry Dock & Shipbuilding Corp., 28 BRBS 160 (1994) (Dolder, C.J., concurring and dissenting). However, interest is not payable on a Section 14(e) assessment. Cox v. Army Times Publishing Co., 19 BRBS 195 (1987). An attorney’s fee award is not “compensation”; thus, interest is not assessed on past due attorney’s fee awards. Hobbs v. Stan Flowers Co., Inc., 18 BRBS 65 (1986), aff’d sub nom Hobbs v. Director, OWCP, 820 F.2d 1528 (9th Cir. 1987); Wells v. Int’l Great Lakes Shipping Co., 14 BRBS 868 (1982).
If you have a question about Interest Payments or any other question in your DBA or Longshore case, contact our qualified defense base act attorneys today at firstname.lastname@example.org, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.