Legal Opinion
American Grain Trimmers, Inc., and Frank Gates-Acclaim v. Office of Workers' Compensation Programs, and Marian Janich
Court of Appeals for the Seventh Circuit
Decided June 21, 1999No. 97-3080PublishedCited by 30 opinions
1Opinion of the Court
DIANE P. WOOD, Circuit Judge.
Like a number of other federal statutes, the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., establishes a compensation scheme for workers who suffer injury or death on the job. In order to facilitate the initial task of a claimant under the Act, there is a statutory presumption of coverage that is triggered if certain basic facts can be established. This case concerns the next step in the process: what exactly must an employer do to rebut that presumption by “substantial evidence to the contrary,” and whether the employer here met…
2Cases cited17 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Richardson v. PeralesSupreme Court of the United States · 1971
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Newport News Shipbuilding and Dry Dock Co. v. HolidayCourt of Appeals for the Fourth Circuit · 2009
- Securities and Exchange Commission v. David E. LipsonCourt of Appeals for the Seventh Circuit · 2002
- Beverly California Corp., F/k/a Beverly Enterprises, Petitioners/cross-Respondents v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Seventh Circuit · 2000
- In Re MeyersCourt of Appeals for the Seventh Circuit · 2010
- Bunge Corp. v. CarlisleCourt of Appeals for the Seventh Circuit · 2000
25 more not listed; retrieve them via the Exa API.