Legal Opinion
Metropolitan Stevedore Company v. Wesley Brickner Director, Office of Workers Compensation Programs
Court of Appeals for the Ninth Circuit
Decided December 1, 1993No. 92-70248PublishedCited by 24 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge:
This appeal carries us into uncharted waters concerning the authority conferred upon administrative officers ,to impose sanctions against a claimant who in bad faith initiates or continues workers compensation proceedings under the Longshore & Harbor Workers’ Compensation Act (“LHWCA”). We conclude that sanctions may not be imposed by an administrative officer under the LHWCA and affirm the order of the Department of Labor Benefits Review Board.
BACKGROUND FACTS
Wesley Brickner allegedly suffered work-related injuries on three occasions. His employer, Metropolitan…
2Cases cited5 opinions
- Stevedoring Services of America, Inc. v. EggertSupreme Court of the United States · 1992
- Kalaris v. DonovanCourt of Appeals for the D.C. Circuit · 1983
- Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Kenneth RobertsonCourt of Appeals for the Ninth Circuit · 1980
- Robert W. Hunt, M.D. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Marine Terminals CorporationCourt of Appeals for the Ninth Circuit · 1993
- Director, Office of Workers' Compensation Programs v. Palmer Coking Coal Company Maxwell ManowskiCourt of Appeals for the Ninth Circuit · 1989
3Cited by24 opinions
- Aerel, S.R.L. v. Pcc Airfoils, L.L.C.Court of Appeals for the Sixth Circuit · 2006
- Boland Marine & Manufacturing Co. v. RihnerCourt of Appeals for the Fifth Circuit · 1995
- 96 Cal. Daily Op. Serv. 4297, 96 Daily Journal D.A.R. 6954 Charles Sproull v. Director, Office of Workers' Compensation Programs Stevedoring Services of America Eagle Pacific Insurance Company, Stevedoring Services of America Eagle Pacific Insurance Company v. Director, Office of Workers' Compensation Programs Charles SproullCourt of Appeals for the Ninth Circuit · 1996
- A-Z International v. PhillipsCourt of Appeals for the Ninth Circuit · 1999
- Saipan Stevedore Company Incorporated v. Director, Office of Workers' Compensation Programs Helal UddinCourt of Appeals for the Ninth Circuit · 1998
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