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William David Turley

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William D. Turley

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Longshore Act (LHWCA)

• Longshore Rip-Off: Oakland Ports America and Oakland Homeport Insurance: Deny The Claim First - Investigate the Claim Second
• Longshore Attorney Straight Talk: 14 tips that will help you win your Longshore claim..."This Article is Must Reading"
• San Francisco Longshore Act Lawyer - San Francisco Longshore Act Attorney
• Long Beach Longshore Act Lawyer - Long Beach LHWCA Attorney
• San Diego Longshore Lawyer - San Diego Longshore Attorney

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Library

Longshore Act (LHWCA)

• What Should I do If The Longshore Insurance Company Sends Me A Notice of Controversion LS-207?
• California's Leading Longshore Act Attorneys
• Should I Give a Recorded Statement or Written Statement to the Longshore Insurance Company?
• Protect Your Rights - - Longshore Discrimination Claims
• What are the Extensions to the Longshore Act?

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What can I do if the LHWCA insurance carrier goes out of business?

Part 2: What else can I do if my Longshore Act insurance carrier is going bankrupt?

This is a two part article. Click here for Part 1: What do I do if I have a California Longshore Act Claim with Kemper Insurance?

WHAT ELSE CAN I DO?

We recommend you immediately file a State of California workers compensation claim for your Longshore Act claim. Then, you can make a claim against the California Insurance Guarantee Association (CIGA). CIGA is triggered when a Member Insurer admitted to transact business in California is found by a court of competent jurisdiction to be insolvent and ordered into liquidation. CIGA only covers State of California claims and not US L&H claims.

Usually, you can then get coverage for medical treatment and the other California workers compensation benefits under the State Labor Code. You need to realize, California workers compensation is much, much less fair than US L&H to seriously injured workers. However, the Workers Compensation Appeals Board can be a much faster alternative to receiving basic medical treatment benefits even if your insurance carrier is not insolvent. A State Workers Compensation Claim should be pursued while you are trying to perfect your judgement in Federal District Court.

Finally, if you can settle your claim against Kemper (or any other US L&H carrier that is about to become insolvent); before they actually go under - this might be your best chance. Getting less than "full value" for your claim might be a better alterative to facing the insolvent carrier quagmire.

One route may be to settle your Longshore Act permanent disability (and all other issues) in order to get the settlement approved without having to wait for a Medicare Set Aside Determination. Another alternative is to settle the medical issues separate from the remaining issues (i.e., permanent disability).

Or you can leave the medical open. Then you can enforce the medical claim against CIGA. You should consider a provision in the Longshore settlement and corresponding WCAB Stipulation, that the employer/ carrier does not receive credit for non-medical benefits against future payment of medical under the Longshore Act settlement for your State claim. Otherwise, you are running the risk of CIGA claiming they receive credit for future medical treatment from the temporary total disability benefits (or other benefits) previously paid under the Longshore Act.

Good luck.

DISCLAIMER: This article is not legal advice. I have been simplistic in order to achieve clarity. You are expressly advised to seek competent legal counsel if you have a US L&H claim with Kemper Insurance Company or any other insolvent US L&H carrier in California. Remember, always tell the truth when you are making a claim for compensation. Your credibility is always at issue.

We Can Help Today

If you are seriously injured in a Maritime accident - call us - we can help.

(619)234-2833 Or (866) 963-054

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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540

The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.

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