New Orleans Stevedores v. Ibos

With due respect to my colleagues, I dissent from the decision to overturn the BRB’s award of dollar-for-dollar credit to New Orleans Stevedores for the amounts paid in settlement to Ibos’s widow by his previous employers Valor and Anchor. In consequence of the majority decision, Mrs. Ibos recovers considerably more benefits than she would with a single application of LHWCA compensation. The majority’s rationale is that the credit doctrine is “extra-statutory,” and although this court approved the doctrine in a previous en banc decision,1 the majority will not “extend” the doctrine to this…