Legal Opinion
Universal Maritime Corporation v. Frank Moore Director, Office of Workers' Compensation Program United States Department of Labor
Court of Appeals for the Fourth Circuit
Decided September 16, 1997No. 19-2208PublishedCited by 21 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Senior Judge MICHAEL joined.
OPINION
NIEMEYER, Circuit Judge:
On appeal of an award to Frank Moore of benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., for permanent total disability, we reverse and remand because we conclude that (1) the Administrative Law Judge (“ALJ”) erred as a matter of law in applying the statutory presumption under 33 U.S.C. § 920(a) to presume that Moore’s back pain was caused by a work-related accident; (2) the ALJ erred in…
2Cases cited10 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Del Vecchio v. BowersSupreme Court of the United States · 1935
- U. S. Industries/Federal Sheet Metal, Inc. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Newport News Shipbuilding and Dry Dock Co. v. HolidayCourt of Appeals for the Fourth Circuit · 2009
- Norfolk Shipbuilding & Drydock Corporation v. Theodore FaulkCourt of Appeals for the Fourth Circuit · 2000
- Universal Maritime Service Corporation v. Bernard N. Wright Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
- Norfolk Shipbuilding & Drydock Corporation v. Carl Hord Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1999
- Ceres Marine Terminal v. HintonCourt of Appeals for the Fifth Circuit · 2001
16 more not listed; retrieve them via the Exa API.