Legal Opinion

Webber v. Bath Iron Works Corp.

Supreme Judicial Court of Maine

Decided March 31, 1995PublishedCited by 2 opinions

1Opinion of the Court

DANA, Justice.

Richard M. Webber appeals from a decision of the Workers’ Compensation Board denying his petition for permanent impairment benefits pursuant to 39 M.R.S.A. § 56-B (1989) because he was receiving permanent partial disability benefits for a “scheduled” injury pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 908(c)(1) (1994). We conclude that permanent impairment benefits under our workers’ compensation law are not dupli-cative of scheduled benefits for permanent partial disability under the LHWCA, and therefore vacate the decision of the Board.

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2Cases cited16 opinions

  1. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  2. The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
  3. Liberty Mutual Insurance Company v. Commercial Union Insurance CompanyCourt of Appeals for the First Circuit · 1992
  4. Riley v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1994
  5. Matthew Long v. Director, Office of Workers' Compensation Programs Seatrain Lines and Royal Globe Insurance CompanyCourt of Appeals for the Ninth Circuit · 1985

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3Cited by2 opinions

  1. Edwards v. Travelers InsuranceSupreme Judicial Court of Maine · 2001
  2. Webster v. Bath Iron WorksSupreme Judicial Court of Maine · 1998

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