Workers’ Compensation

Ca. Workers' Comp. Quarterly Vol. 38, No. 1, 2025

Navigating the Waters of Concurrent Jurisdiction: California Workers’ Compensation Laws and the Longshore and Harbor Workers’ Compensation Act

ROBERT MCLAUGHLIN, ESQ.

SAN DIEGO, CALIFORNIA

In the complex world of workplace injury law, concurrent jurisdiction is a critical concept for those working in maritime industries. For many injured workers in California, the intersection of California Workers’ Compensation laws and the Federal Longshore and Harbor Workers’ Compensation Act (LHWCA) creates opportunities for dual recovery but also introduces complexities. This interplay was clarified and strengthened by the U.S. Supreme Court’s landmark decision in Sun Ship, Inc. v. Pennsylvania 100 S. Ct. 2432 (1980), which continues to serve as a cornerstone in understanding the rights of maritime workers.

UNDERSTANDING THE FRAMEWORK

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