Legal Opinion

Lucille Force v. Director, Office of Workers' Compensation Programs Department of Labor Fireman's Fund Insurance Company

Court of Appeals for the Ninth Circuit

Decided July 10, 1991No. 89-70520PublishedCited by 57 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge.

This is an appeal from a Benefits Review Board (BRB) decision awarding petitioner Lucille Force benefits pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. We must decide whether, and to what extent, an employer is entitled to set off against its workers’ compensation liability amounts paid to a claimant by a third party as part of a civil settlement.

Facts and Prior Proceedings

George Force was exposed to asbestos while employed by Kaiser Aluminum and Chemical Corporation in the 1940s. Prior to his 1984 death from…

2Cases cited3 opinions

  1. United States v. LorenzettiSupreme Court of the United States · 1984
  2. Dewey McDonald v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Todd Shipyards Corporation Travelers Insurance CompanyCourt of Appeals for the Ninth Circuit · 1990
  3. Brandt v. Stidham Tire Co.Court of Appeals for the D.C. Circuit · 1986

3Cited by57 opinions

  1. Diane Y. WASHINGTON, Plaintiff-Appellant, v. H. Lawrence GARRETT, III, Secretary of the Navy, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  2. United States v. Michael H. Weitzenhoff Thomas W. MarianiCourt of Appeals for the Ninth Circuit · 1994
  3. Liberty Mutual Insurance Company v. Commercial Union Insurance CompanyCourt of Appeals for the First Circuit · 1992
  4. McDermott Inc., Cross-Appellant v. Clyde Iron, Amclyde, a Division of Amca International, Inc., and River Don Casting Ltd., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1993
  5. General Construction Company Liberty Northwest Insurance Corp. v. Robert Castro Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2005

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