Legal Opinion

Petro-Weld, Inc. And the Travelers Insurance Company v. Peter Luke, Director, Office of Workers' Compensation Programs, U. S. Department of Labor

Court of Appeals for the Fifth Circuit

Decided June 18, 1980No. 78-2579PublishedCited by 14 opinions

1Opinion of the Court

DYER, Circuit Judge:

This proceeding is brought by Petro-Weld, Inc. and its workmens compensation insurer, The Travelers Insurance Company, under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. §§ 901-950, for review, pursuant to § 21(c) of the Act, as amended, 33 U.S.C.A. § 921(c), of the decision and final order of the Benefits Review Board in Luke v. Pet-ro-Weld, Inc., 8 BRBS 369 (1978).

The primary question for our determination is whether Petro-Weld’s employee Luke may retain the full amount of his settlement made after judgment with the third party tort feasor Signal…

2Cases cited4 opinions

  1. Bloomer v. Liberty Mutual InsuranceSupreme Court of the United States · 1980
  2. Jimmy Allen v. Texaco, Inc., North-West Insurance Company, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1975
  3. Capps v. Humble Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1976
  4. Equitable Equipment Company, Inc. v. HardyCourt of Appeals for the Fifth Circuit · 1977

3Cited by14 opinions

  1. Petroleum Helicopters, Inc. v. David Collier, and Director, Office of Workers Compensation Programs, U.S. Department of LaborCourt of Appeals for the Fifth Circuit · 1986
  2. Receiver for Citizen's National Assurance Co. v. HatleyCourt of Appeals of Texas · 1993
  3. Seagraves v. HarrisCourt of Appeals for the Fifth Circuit · 1980
  4. Bray v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1981
  5. Pigrenet v. Boland Marine & Manufacturing Co.Court of Appeals for the Fifth Circuit · 1980

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