Legal Opinion
Consolidation Coal Co. v. Benefits Review Board
Court of Appeals for the Third Circuit
Decided December 22, 2010No. 08-4651PublishedCited by 3 opinions
1Opinion of the Court
OPINION
GREENAWAY, JR., Circuit Judge.
Consolidation Coal Company (“Consolidation”) appeals from the Benefits Review Board’s (the “Board”) decision affirming an Administrative Law Judge’s (the “ALJ”) decision and order that Consolidation must pay Daniel Smith (“Smith” or “Claimant”) benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or the “Act”), 33 U.S.C. §§ 901-950, for an injury he suffered while working for Consolidation. Consolidation argues that the Board erred in affirming the ALJ because Smith did not satisfy the two-part test under the Act — the “status” of the…
2Cases cited16 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
- Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
- Texports Stevedore Co. v. WinchesterCourt of Appeals for the Fifth Circuit · 1980
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3Cited by3 opinions
- New Orleans Depot Services, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2013
- New Orleans Depot Services, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2013
- Richard Wilson v. Creamer-Sanzari Joint VentureCourt of Appeals for the Third Circuit · 2020