Legal Opinion

Texas Employers' Insurance Association and Burton Shipyard, Inc. v. R. J. Shea

Court of Appeals for the Fifth Circuit

Decided April 10, 1969No. 25715PublishedCited by 11 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Our primary question is whether a posthumous illegitimate infant, the offspring of a deceased harbor worker, is a “child” entitled to benefits under the Longshoremen’s and Harbor Workers’ Compensation Act. 1 The Deputy Commissioner and the district court found that a posthumous illegitimate child comes within the statutory definition of a “child.” 2 They also determined that this child was acknowledged by her deceased father and was dependent upon him. We affirm.

I

Clifton Clark, the child’s father, was employed by Burton Shipyard, Inc., in Port Arthur, Texas, until…

2Cases cited26 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  3. Reed v. the YakaSupreme Court of the United States · 1963
  4. O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965
  5. Lawson v. Suwannee Fruit & Steamship Co.Supreme Court of the United States · 1949

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3Cited by11 opinions

  1. Hamilton v. Canal Barge Company, Inc.District Court, E.D. Louisiana · 1975
  2. Sun Papers, Inc. v. JerrellCourt of Civil Appeals of Alabama · 1981
  3. S. L. W. v. Alaska Workmen's Compensation BoardAlaska Supreme Court · 1971
  4. Ryan-Walsh Stevedoring Co. v. TrainerCourt of Appeals for the Fifth Circuit · 1979
  5. Matter of Adventure Bound Sports, Inc.District Court, S.D. Georgia · 1994

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