Legal Opinion

State Insurance Fund and Guardino & Sons v. Catherine Pesce and Director, Office of Workers' Compensation Programs

Court of Appeals for the Second Circuit

Decided February 3, 1977No. 401, Docket 76-4165PublishedCited by 20 opinions

1Opinion of the Court

MOORE, Circuit Judge:

An employer, Guardino & Sons, and its insurance carrier, State Insurance Fund, petition for review of a unanimous decision of the Benefits Review Board, United States Department of Labor (“Board”), reported in 4 BRBS 36 (1976). The Board affirmed a decision and order of an administrative law judge who held that a death benefit provided by a 1972 amendment to § 9 of the Longshoremen’s and Harbor Workers’ Compensation Act (the “Act”), 33 U.S.C. § 901 et seq., applies to deaths occurring after the amendment even though the compensable injury involved was sustained prior to…

2Cases cited8 opinions

  1. Fleming v. RhodesSupreme Court of the United States · 1947
  2. American Stevedores, Inc., and Michigan Mutual Liability Insurance Company v. Vincent Salzano, and Director, Office of Workers Compensation ProgramsCourt of Appeals for the Second Circuit · 1976
  3. Hampton Roads Stevedoring Corporation v. O'HearneCourt of Appeals for the Fourth Circuit · 1950
  4. International Mercantile Marine Co. v. LoweCourt of Appeals for the Second Circuit · 1938
  5. Hitt v. CardilloDistrict Court, District of Columbia · 1942

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Todd Shipyards Corp. v. WitthuhnCourt of Appeals for the Ninth Circuit · 1979
  2. Puig v. Standard Dredging Corp.Court of Appeals for the First Circuit · 1979
  3. The Travelers Insurance Co. v. Mrs. Mary Marshall, Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1981
  4. Pennsylvania National Mutual Casualty Insurance Company v. Louise E. SpenceCourt of Appeals for the Fourth Circuit · 1979
  5. Shannon v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the Third Circuit · 1978

15 more not listed; retrieve them via the Exa API.

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