Legal Opinion
Peru v. Sharpshooter Spectrum Venture LLC
Court of Appeals for the Ninth Circuit
Decided June 27, 2007No. 05-75337PublishedCited by 8 opinions
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge:
In this petition for review, we must determine whether an employee of a company that shoots, processes, and sells photographs to tourists on a historic naval ship is entitled to collect benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901-950 (2006), or is barred from recovery by the LHWCA’s express exclusion of “individuals employed by a ... museumf ] or retail outlet.” 33 U.S.C. § 902(3)(B). We hold that in determining the applicability of § 902(3)(B), we must look not only at the nature of a claimant’s employer but…
2Cases cited15 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983
- Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
- Harbor Tug & Barge Co. v. PapaiSupreme Court of the United States · 1997
- UNITED STATES of America, Plaintiff-Appellee, v. Richard J. SMITH, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
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3Cited by8 opinions
- Valladolid v. Pacific Operations Offshore, LLPCourt of Appeals for the Ninth Circuit · 2010
- Pedroza v. BRBCourt of Appeals for the Ninth Circuit · 2010
- Pedroza v. BRBCourt of Appeals for the Ninth Circuit · 2009
- BRIZO, LLC., AS OWNER OF THE M/V HONEY, 2007 163 FOOT TWIN ENGINE YACHT (ON 739735)District Court, S.D. Florida · 2020
- Pedroza v. BRBCourt of Appeals for the Ninth Circuit · 2010
3 more not listed; retrieve them via the Exa API.