Legal Opinion
Jose Alcala v. Director, Office of Workers Compensation Programs, U.S. Department of Labor Pan Pacific Fisheries State Compensation Insurance Fund
Court of Appeals for the Ninth Circuit
Decided April 13, 1998No. 96-70794PublishedCited by 18 opinions
1Opinion of the Court
TROTT, Circuit Judge:
OVERVIEW
An Administrative Law Judge denied Appellant’s request for benefits pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 (1994), because he found Appellant to be an excluded “aquaculture worker.” See 33 U.S.C. § 902(3)(E). The Benefits Review Board (Board) automatically affirmed the ALJ’s decision.
Appellant’s job duties as a freezer forklift operator fall within the aquaculture worker exception. Aquaculture workers by their status are excluded from the LHWCA’s jurisdiction and coverage even if they momentarily or episodically…
2Cases cited6 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Cretan v. Bethlehem Steel Corp.Court of Appeals for the Ninth Circuit · 1993
- Richard E. King v. Director, Office of Workers' Compensation Programs Cargill, Inc. Northwestern National Insurance CompanyCourt of Appeals for the Ninth Circuit · 1990
- Cerefino Coloma v. Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- General Construction Company Liberty Northwest Insurance Corp. v. Robert Castro Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2005
- A-Z International v. PhillipsCourt of Appeals for the Ninth Circuit · 1999
- Warren Iopa v. Saltchuk-Young Brothers, Ltd.Court of Appeals for the Ninth Circuit · 2019
- Richard Duhagon v. Metropolitan Stevedore CompanyCourt of Appeals for the Ninth Circuit · 1999
- Arthur Deweert v. Stevedoring Services of America Homeport Insurance Co. Director, Officeof Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2002
13 more not listed; retrieve them via the Exa API.