Legal Opinion
Roger's Terminal and Shipping Corporation v. Director, Office of Worker's Compensation Programs, Department of Labor and Emile Smith
Court of Appeals for the Fifth Circuit
Decided March 12, 1986No. 85-4502PublishedCited by 15 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Pursuant to the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), an administrative law judge (ALJ) found that Emile Smith became permanently and totally disabled because of a back injury he sustained while in the course and scope of his employment with Roger’s Terminal and Shipping Corporation. The Benefits Review Board affirmed the award, and Roger’s Terminal petitions this Court for review asserting that the administrative law judge failed to properly apply the burden proof in this ease. In addition, Roger’s Terminal argues that it is…
2Cases cited9 opinions
- New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
- Air America, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Joseph F. KerchCourt of Appeals for the First Circuit · 1979
- Diamond M. Drilling Co. v. MarshallCourt of Appeals for the Fifth Circuit · 1978
- Marathon Oil Co. v. LunsfordCourt of Appeals for the Fifth Circuit · 1984
- Alessandro P. Nardella v. Campbell MacHine Inc. And Zenith National Insurance CompanyCourt of Appeals for the Ninth Circuit · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Elwood L. See v. Washington Metropolitan Area Transit Authority Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
- Cna Insurance Company, Carrier v. Harry Legrow, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the First Circuit · 1991
- Raleigh Hairston v. Todd Shipyards Corporation Aetna Casualty and Surety Company, Inc., Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1988
- Louisiana Insurance Guaranty Ass'n v. AbbottCourt of Appeals for the Fifth Circuit · 1994
- Irvin Lentz Director, Office of Workers' Compensation Programs, United States Department of Labor v. The Cottman CompanyCourt of Appeals for the Fourth Circuit · 1988
10 more not listed; retrieve them via the Exa API.