Legal Opinion

Marine Power & Equipment Industrial Indemnity Company v. Department of Labor Benefits Review Board Johnny Quan

Court of Appeals for the Ninth Circuit

Decided January 31, 2000No. 98-70049PublishedCited by 8 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether an employer is eligible for second-injury reduction in liability for benefits payable for a worker’s permanent partial disability that may be substantially and materially greater as a result of his preexisting medical condition.

I

Marine Power & Equipment and Industrial Indemnity Company (“Marine Power”) hired Johnny Quan in 1978 as a ship scaler, and on June 7, 1983, he injured his right shoulder on the job. Prior to his work for Marine Power, Quan — a native of Guam — served as an airplane mechanic for the United States Navy from 1955 to 1970.

I…

2Cases cited8 opinions

  1. Robert E. Randall v. Comfort Control, Inc. And Liberty Mutual Insurance CompanyCourt of Appeals for the D.C. Circuit · 1984
  2. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Cargill, Inc. And Northwest National Insurance Co.Court of Appeals for the Ninth Circuit · 1983
  3. 96 Cal. Daily Op. Serv. 4297, 96 Daily Journal D.A.R. 6954 Charles Sproull v. Director, Office of Workers' Compensation Programs Stevedoring Services of America Eagle Pacific Insurance Company, Stevedoring Services of America Eagle Pacific Insurance Company v. Director, Office of Workers' Compensation Programs Charles SproullCourt of Appeals for the Ninth Circuit · 1996
  4. Lockheed Shipbuilding v. Director, Office of Workers Compensation Programs, U.S. Department of LaborCourt of Appeals for the Ninth Circuit · 1991
  5. Container Stevedoring Company v. Director, Office of Workers Compensation Programs Albert GrossCourt of Appeals for the Ninth Circuit · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Van Skike v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2009
  2. Parker Johnston v. Director, Office of Workers Compensation Programs Matson Terminals, Inc., Self-Insured EmployerCourt of Appeals for the Ninth Circuit · 2002
  3. Hayes v. National Steel & Shipbuilding Co.Court of Appeals for the Ninth Circuit · 2001
  4. Johnson v. Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2001
  5. Jore Corp. v. ReidCourt of Appeals for the Ninth Circuit · 2001

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