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The American Equity Underwriters, Inc. The American Equity Underwriters, Inc.

Concurrent Jurisdiction in the Longshore Act Explained

About this Webcast



  • Brian McElreath, Partner, Lueder, Larkin & Hunter, LLC
  • David Widener, Director of Claims Advisory Services, AEU

Original recording date: May 5, 2020

Duration: 7:07 minutes


 The term “concurrent jurisdiction" means that a claimant can take benefits from either the Longshore Act or their state workers' compensation act, a combination of both, or one of the two. The Longshore Act is already a pretty complicated workers' compensation law, and concurrent jurisdiction can add to the complexity. In this episode, Dave Widener of The American Equity Underwriters sits down with Brian McElreath, a partner at the law firm of Lueder, Larkin & Hunter and an expert in both longshore and state workers’ compensation systems. Dave and Brian discuss what makes these cases different from those that have exclusive jurisdiction, as well as some guidance for employers and claims adjusters to consider when encountering these cases.

By viewing this webcast, you will learn:

  • What makes cases with concurrent jurisdiction different from those that have exclusive jurisdiction
  • Some guidance for employers and claims adjusters to consider when encountering these cases



About the Presenters

Brian McElreath

Brian is a Partner at Lueder, Larkin & Hunter, LLC. He is the chair of the Longshore practice group. His practice primarily focuses on the nationwide defense of Longshore claims and subrogation. Brian represents a variety of insurers, employers, shipping companies, stevedoring companies, shipyards, and staffing companies. Brian has tried numerous cases to verdict before the Office of Administrative Law Judges, the Benefits Review Board, the Georgia State Board of Workers’ Compensation and the South Carolina Workers’ Compensation Commission. Brian maintains an A.V. Preeminent peer review rating from Martindale-Hubbell, has been recognized from 2016 to date in Best Lawyers® as among the leading attorneys in the country and is listed with Super Lawyers on the Rising Stars list, which recognizes no more than 2.5% of attorneys in each state. Brian is also an adjunct professor teaching Workers’ Compensation at the Charleston School of Law. 


David Widener 

David Widener joined AEU in 2019 as Director of Claims Advisory Services. David began his longshore career in 2003 with F.A. Richard/American Equity Risk Services, where he was a claims supervisor for eight years. He joined the U.S. Department of Labor as a claims examiner in 2011, and was promoted to District Director six months later, overseeing operations for the Houston District Office. He is a frequent speaker at Loyola Law School’s Annual Longshore Conference, Longshore Claims Association meetings, and Defense Base Act seminars. He has developed and conducted continuing legal education seminars in conjunction with Loyola Law School and the U.S. Department of Labor. David has a B.S. in finance from Louisiana State University and is a credentialed mediator for the state of Texas.


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