Legal Opinion

Presley v. Tinsley Maintenance Service

Court of Appeals for the Fifth Circuit

Decided March 26, 1976No. 74-3871PublishedCited by 76 opinions

1Opinion of the Court

RONEY, Circuit Judge:

In essence, the controversy in this Longshoremen’s Compensation Act lawsuit involves the propriety of an award of attorney’s fees under 33 U.S.C.A. § 928, where the disability compensation claim presented to and contested by the employer/carrier differed significantly from the compensation award made by the administrative law judge.

An administrative law judge awarded temporary total compensation for an undetermined period of future disability which he said would follow amputation of the first joint of claimant’s middle finger. He also awarded attorney’s fees for having…

2Cases cited10 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  3. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  4. O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965
  5. Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968

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3Cited by76 opinions

  1. Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1976
  2. Hullinghorst Industries, Inc. v. David E. Carroll, and Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1981
  3. Alabama Dry Dock and Shipbuilding Co. v. Frank Kininess and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1977
  4. New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
  5. Bath Iron Works Corp. v. WhiteCourt of Appeals for the First Circuit · 1978

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

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