Maritime Workers’ Compensation Act Preempts Asbestos Exposure Claims, La. Federal Judge Rules
May 7, 2022
NEW ORLEANS — The Longshore and Harbor Workers’ Compensation Act (LHWCA) preempts asbestos exposure claims against Huntington Ingalls Inc. (Avondale) and its insurers because the decedent performed traditional maritime work at a dry dock, a Louisiana federal judge has ruled.
In a May 4 order, Judge Sarah S. Vance of the U.S. District Court for the Eastern District of Louisiana held that the LHWCA immunizes the defendants from tort liability because it provides the exclusive remedy for injuries caused by the negligence or wrongful act of an officer or employee of the employer.
Oscar Morales, Sr. alleged he contracted …