Galloway Johnson Tompkins Burr & Smith recently obtained a favorable result for their client before the Eleventh Circuit Court of Appeals. Special Counsel Susan F. E. Bruhnke and her sophisticated strategies led the team to secure the dismissal of a Longshore claim with prejudice, a result that is extremely rare and has already been discussed at multiple national Longshore and Defense Base Act conferences.
The Eleventh Circuit Court of Appeals affirmed the district court’s dismissal of the claimant’s workers’ compensation claim under the Longshore and Harbor Workers’ Compensation Act (LHWC). The appellate court agreed with the district court’s holding that the administrative law judge’s (ALJ) orders were clear, lawful, and enforceable under the LHWCA.
Case Background
In Horizon Shipbuilding, Inc. v. Jackson, Galloway defended a longshore employer and its carrier in two separate claims brought by a former employee (“claimant”). The first claim involved a left knee injury sustained in February 2017, during the claimant’s employment which ended in June 2017. Although his treating physician released him to full duty work with minimal impairment in March 2018, disputes arose over his average weekly wage (AWW) and later requests for additional medical treatment kept the claim alive. Galloway became involved in 2021 when new treatment demands were raised.
At the same time, the employee filed a second claim, more than four years after he last worked for the employer, alleging carpal tunnel syndrome in his left arm and hand dating back to 2016. Because of the significant time gap, Susan and the Galloway team challenged the claim and requested that the two claims were consolidated for discovery and resolution, allowing for a more efficient investigation and defense.
Discovery At a Standstill
When the claimant refused to provide discovery responses or sign required authorizations, Galloway acted quickly to protect the employer’s position. Susan secured multiple court orders compelling the claimant to cooperate, including attending an Employer Medical Examination (EME) and producing the necessary authorizations. Despite repeated refusals to attend the EME or his rescheduled deposition, the claimant declined to participate in a court-ordered conference call and instead appealed the discovery orders of the ALJ to the Benefits Review Board (BRB). Galloway successfully moved to have the appeal dismissed, keeping the case on track and returning the matter to the ALJ.
Discovery Sanctions Under Section 927(b)
After the claimant repeatedly failed to comply with court orders which effectively hindered the employer’s ability to defend the claims, Galloway moved to dismiss the claims in September 2023. The ALJ issued a show-cause order, and when the claimant could not provide a valid response, the ALJ certified the matter to the District Court with a recommendation for dismissal. Galloway then filed a motion to dismiss with prejudice in U.S. District Court for the Northern District of Florida under Section 927(b) of the LHWCA. After the claimant did not attend the hearing scheduled by the Magistrate Judge, the judge ultimately recommended dismissal with prejudice as a sanction for blatantly disobeying court orders. Galloway urged adoption of the recommendation, and the District Judge granted dismissal. The claimant then appealed to the U.S. Court of Appeals for the Eleventh Circuit.
Eleventh Circuit Affirms Dismissal
After briefing, the Eleventh Circuit affirmed the dismissal of the claims, holding that the district court acted within its discretion in finding the claimant in contempt and dismissing the case. The Court confirmed that the ALJ had clear authority to order the claimant to attend a medical examination and sign the necessary authorizations, that the orders were unambiguous, and that the claimant offered no valid reason for failing to comply. It emphasized the “clear pattern” of “willful contempt” in repeatedly disobeying orders and noted that lesser sanctions had been considered but deemed ineffective, as the refusal to cooperate directly impaired the employer’s ability to defend the claims.
Finding no abuse of discretion by either the ALJ or the district court, the Eleventh Circuit upheld Galloway’s successful motion to dismiss.
Galloway’s Representation in Appeals and for Longshore Claims
Galloway’s appellate team brought their experience to the Eleventh Circuit, where clear briefing and a well-executed strategy secured a rare dismissal of the claimant’s Longshore cases. By combining procedural expertise with an understanding of the employer’s business objectives, Susan and her team preserved the trial-level victory and protected the client from protracted litigation.
Drawing on decades of experience in Longshore and other federal workers’ compensation matters, Galloway’s team has successfully defended claims before the OALJ, BRB, and appellate courts. Their ability to navigate complex statutes, coordinate with carriers and experts, and present strong defenses was central to this Eleventh Circuit result, underscoring the firm’s reputation for delivering favorable outcomes.
Based in Gulfport, Susan Bruhnke approaches each case intending to resolve her client’s legal issues efficiently and effectively. As evidenced in this case, she is driven to exceed clients’ expectations that accomplishes their goals with integrity and respect.
With another win at the federal level, Galloway Johnson Tompkins Burr & Smith solidified their commitment to going way above and way beyond for their clients.
