Towers Successfully Defends Longshore Case

On September 30, 2019, Frank Towers, a partner with Blue Williams, successfully defended the interests of his client resulting in a complete dismissal of the claimant’s claim for Longshore Death Benefits. In Diane, Wesley, Kurt, and Rachel Pitre and Katie Gibbons v. Huntington Ingalls Incorporated (Avondale Operations) (Case No. 2019-LHC-00517), the widow of the late Mr. Steward Pitre sought Longshore death benefits via Section 909.  However, through discovery it was learned the claimant received settlements in a 3rd party tort suit filed before the claimant pursued her longshore death benefits claim. Discovery further revealed and confirmed the claimant received settlement proceeds via the 3rd party tort suit without receiving the written consent of the Longshore employer or carrier, thus triggering Section 33(g) of the Longshore Act and resulting in a foreclosure of all longshore benefits. As a result, Judge Rosenow of the Covington OALJ summarily dismissed the case in total. This case serves as a model for how Blue Williams attorneys aggressively represent your interests in achieving excellent results while always being mindful of our client’s bottom line.  If you have any questions concerning the handling of Longshore Harbor Workers Compensation claims and the defense of employers and carriers, please do not hesitate to contact Mr. Towers.