Legal Opinion

Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Kenneth Robertson

Court of Appeals for the Ninth Circuit

Decided August 4, 1980No. 78-1741PublishedCited by 24 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

The government appeals a decision and order of the Benefits Review Board (“BRB”) requiring the claimant’s attorney’s fee to be paid from the special fund established pursuant to § 44 of the Longshoremen’s and Harbor Workers’ Compensation Act (“the Act”), as amended 33 U.S.C. § 944. 1 We reverse.

FACTS

The facts of this case are undisputed. Kenneth Robertson was injured in January, 1969 in the course of his employment. His employer, Todd Shipyards, voluntarily paid $24,275 compensation for temporary total disability from the date of injury until October, 1976. Todd…

2Cases cited15 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Hall v. ColeSupreme Court of the United States · 1973
  3. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  4. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  5. Reed v. the YakaSupreme Court of the United States · 1963

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3Cited by24 opinions

  1. Boland Marine & Manufacturing Co. v. RihnerCourt of Appeals for the Fifth Circuit · 1995
  2. Raymond v. Moyle v. Director, Office of Workers' Compensation Programs Jones Oregon Stevedoring Co.Court of Appeals for the Ninth Circuit · 1998
  3. Metropolitan Stevedore Company v. Wesley Brickner Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1993
  4. Francis v. Geddes, Jr. v. Benefits Review Board United States Department of Labor, Washington Metropolitan Area Transit Authority, IntervenorCourt of Appeals for the D.C. Circuit · 1984
  5. Todd Shipyards Corporation, Aetna Casualty and Surety Company v. Director, Office of Workers' Compensation Programs, Melvin WattsCourt of Appeals for the Ninth Circuit · 1991

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