Vickers Decision: Inapplicability of Sec. 20(a) Presumption to Secondary Conditions Under the LHWCA
Monica F. Markovich and Krystal L. Layher’s article on recent developments on case law limiting the application of the Section 20(a) presumption in Longshore Harbor and Workers’ Compensation Act (LHWCA) claims was published online and in the Benefits Review Board Service Longshore Reporter. Section 20(a) of the LHWCA provides a workers’ compensation claimant with a presumption that any disabling condition is causally related to his employment if the claimant demonstrates that he suffered a harm and that employment conditions existed that could have caused, aggravated, or accelerated such condition. The article addresses the impact of recent case law on the limiting the presumption favoring claimants in cases involving secondary injuries which are added to a claim after an initial compensable injury.
To read the article click here.