Legal Opinion

Dewey McDonald v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Todd Shipyards Corporation Travelers Insurance Company

Court of Appeals for the Ninth Circuit

Decided March 12, 1990No. 88-7404PublishedCited by 30 opinions

1Opinion of the Court

NELSON, Circuit Judge:

Appellant Dewey McDonald, who suffers from pulmonary disease, was awarded disability benefits from his employer, appellee Todd Shipyards. Subsequent to this award, the Ninth Circuit altered the formula used to calculate such benefits, and appellant petitioned to have his benefits adjusted accordingly. The Benefits Review Board denied the request finding first that modification was inappropriate based solely on a change in the law and, second, that statutory amendments codifying the change in law did not apply to this case. We reverse, finding that the Board erred in…

2Cases cited10 opinions

  1. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  2. Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968
  3. Voris v. EikelSupreme Court of the United States · 1953
  4. O'KEEFFE v. Aerojet-General Shipyards, Inc.Supreme Court of the United States · 1972
  5. Matthew Long v. Director, Office of Workers' Compensation Programs Seatrain Lines and Royal Globe Insurance CompanyCourt of Appeals for the Ninth Circuit · 1985

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

3Cited by30 opinions

  1. Price v. Stevedoring Services of America, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. Lucille Force v. Director, Office of Workers' Compensation Programs Department of Labor Fireman's Fund Insurance CompanyCourt of Appeals for the Ninth Circuit · 1991
  3. Christensen v. Stevedoring Services of AmericaCourt of Appeals for the Ninth Circuit · 2009
  4. Edward O'neil, Personal Representative of the Estate of Raymond O'Neil v. Bunge Corporation Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2004
  5. General Construction Company Liberty Northwest Insurance Corp. v. Robert Castro Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2005

25 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