Legal Opinion
Fulks v. Avondale Shipyards, Inc.
Court of Appeals for the Fifth Circuit
Decided February 23, 1981No. 79-1861PublishedCited by 26 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
We again consider the claim of Tommie L. Fulks for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (the Act), 33 U.S.C. §§ 901-950. Fulks seeks our review, as does his former employer, Avondale Shipyards, Inc. (Avon-dale), of the most recent decision by the Benefits Review Board (BRB). The BRB upheld an Administrative Law Judge’s (ALJ) award of benefits to Fulks premised on a finding of permanent partial disability caused by the work-related aggravation of a pre-existing lung disease. We affirm.
Context Facts
Although the course of this litigation…
2Cases cited9 opinions
- O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
- Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
- O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965
- 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
- Presley v. Tinsley Maintenance ServiceCourt of Appeals for the Fifth Circuit · 1976
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Strachan Shipping Co. v. NashCourt of Appeals for the Fifth Circuit · 1986
- Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1982
- New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
- Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
- Avondale Industries, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Wilton J. CuevasCourt of Appeals for the Fifth Circuit · 1992
21 more not listed; retrieve them via the Exa API.