Legal Opinion

Mallott & Peterson v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Ninth Circuit

Decided October 24, 1996No. 94-70927PublishedCited by 11 opinions

1Opinion of the Court

WILLIAM A. NORRIS, Circuit Judge:

Section 933 of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1988) (LHWCA or Act), establishes a claimant’s right to pursue claims for his or her injuries against third parties without forgoing compensation under the Act. Subsection (g), the provision at issue in this ease, protects employers against claimants entering into inordinately low settlements that would deprive the employer of a proper setoff available under subsection (f).

Subsection (g) provides that “[i]f the person entitled to compensation (or the 'person’s…

2Cases cited16 opinions

  1. Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
  2. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  3. United States v. BeebeSupreme Court of the United States · 1901
  4. Blanton v. Womancare, Inc.California Supreme Court · 1985
  5. Levy v. Superior CourtCalifornia Supreme Court · 1995

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Price v. Stevedoring Services of America, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. C.A.R. Transportation Brokerage Co. v. Darden Restaurants, Inc.Court of Appeals for the Ninth Circuit · 2000
  3. Mallott & Peterson v. DirectorCourt of Appeals for the Ninth Circuit · 1996
  4. Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2006
  5. Transbay Container Terminal v. United States Department of Labor Benefits Review BoardCourt of Appeals for the Ninth Circuit · 1998

6 more not listed; retrieve them via the Exa API.

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