The primary issue before the U.S. Court of Appeals for the Fifth Circuit in Deperrodil v. Bozovic Marine Inc., No. 16-30009, 5th Cir., Nov. 17, 2017 was whether the collateral source rule allows plaintiff to recover the unpaid, written-off portion of his billed medical expenses, when the remaining, paid portion of the billed expenses was through workers'-compensation insurance provided by his non-tortfeasor employer, pursuant to the Longshore and Harbor Worker's Compensation Act ("LHWCA")
COLLATERAL SOURCE RULE FOR WRITTEN-OFF LHWCA MEDICAL EXPENSES
LIABILITY UNDER A VESSEL'S ACTIVE CONTROL DUTY
In Kitchens v. Solt Tankers B.V., the plaintiff suit against the defendant alleging claims under § 905(b) of the Longshore and Harbor Worker's Compensation Act (LHWCA). The plaintiff alleged that he was injured while he descended the defendant's vessel's stairs. The plaintiff further alleged that walkway where he was injured was dimly lit and extremely slick.
