In a recent case before the Louisiana Fourth Circuit Court of Appeal, the court reviewed a judgment dismissing an injured worker’s claim for compensation on the grounds that he had sought federal disability compensation through the Longshore and Harbor Workers’ Compensation Act.
In this case, Shawn Johnson appealed a judgment that dismissed his claim for state compensation benefits under the Louisiana Workers’ Compensation Act, with prejudice. Mr. Johnson worked as a mechanic for the Wood Group. While working on a boat, he was injured. The boat was involved in a collision as it traveled in Grand Pass, a waterway cutting from the Mississippi River to the Gulf of Mexico.
After his accident, Mr. Johnson set forth claims under the Louisiana Workers’ Compensation Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). The Wood Group had insurance coverage for state benefits under the LWCA as well as federal benefits under the LHWCA with two separate insurers.