Legal Opinion

Bundens v. J.E. Brenneman Co.

Court of Appeals for the Third Circuit

Decided January 26, 1995No. 94-3163 and 94-3175UnknownCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

Claimants are the widow and son of a deceased diver and dockbuilder. They appeal the decision of the United States Department of Labor, Benefits Review Board (“Board”), which held that the decedent’s employer was not required to pay benefits under the Longshore Harbor Workers Compensation Act, 33 U.S.C. § 901, et seq., (“LHWCA”) due to statutory exemption and credit provisions which applied as a result of a court-approved settlement of their previous federal court litigation. The employer has filed a protective cross-appeal solely to preserve its right…

2Cases cited10 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  3. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  4. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  5. Senko v. LaCrosse Dredging Corp.Supreme Court of the United States · 1957

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3Cited by4 opinions

  1. Barscz v. Director, Office of Workers' Compensation Programs & Electric Boat Corp.Court of Appeals for the Second Circuit · 2007
  2. Barbara J. Bundens, (Widow of Howard E. Bundens), (No. 94-3163) v. J.E. Brenneman Company Travelers Insurance Company and Director, Office of Workers' Compensation Programs, United States Department of Labor, J.E. Brenneman Company and Travelers Insurance Company, (No. 94-3175) v. Barbara J. Bundens (Widow of Howard E. Bundens) and Director, Office of Workers' Compensation Programs, United States Department of Labor Benefits Review BoardCourt of Appeals for the Third Circuit · 1995
  3. Pennsylvania Tidewater Dock Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Otis Lewis, (No. 0090-1:97-1583)Court of Appeals for the Third Circuit · 2000
  4. Barscz v. Director, OWCPCourt of Appeals for the Second Circuit · 2007

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