Legal Opinion

Marinette Marine Corp. v. Office of Workers' Compensation Programs

Court of Appeals for the Seventh Circuit

Decided December 12, 2005No. 04-1933PublishedCited by 6 opinions

1Opinion of the Court

TERENCE T. EVANS, Circuit Judge.

After years of working in the shipbuilding industry, Myron Baumler needed back surgery. The question in this case is which of two workers’ compensation carriers should pay for it; the answer depends on whether Baumler injured his back once or twice. An administrative law judge (ALJ) found that a first injury in 1997 was aggravated by a second injury in 2001, so he assigned liability to the carrier at the time of the second injury, consistent with the “aggravation rule” of maritime workers’ compensation law. The carrier insists that there was no second injury in…

2Cases cited7 opinions

  1. The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
  2. U. S. Industries/Federal Sheet Metal, Inc. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1982
  3. American Grain Trimmers, Inc., and Frank Gates-Acclaim v. Office of Workers' Compensation Programs, and Marian JanichCourt of Appeals for the Seventh Circuit · 1999
  4. Kelaita v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Ninth Circuit · 1986
  5. New Haven Terminal Corp., and Liberty Mutual Insurance Co. v. Richard Lake and Director, Office of Workers' Compensation Programs, U.S. Dept. Of LaborCourt of Appeals for the Second Circuit · 2003

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

3Cited by6 opinions

  1. Bath Iron Works Corp. v. FieldsCourt of Appeals for the First Circuit · 2010
  2. Albina Engine & MacHine v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2010
  3. Rainey v. Director, Office of Workers' CompensationCourt of Appeals for the Second Circuit · 2008
  4. Operators & Consulting Services, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2006
  5. Jeffboat, Incorporated v. Director, OWCPCourt of Appeals for the Seventh Circuit · 2026

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API