Legal Opinion
Benavidez v. Department of Labor
Court of Appeals for the Ninth Circuit
Decided May 11, 2005No. 04-56601PublishedCited by 1 opinion
1Opinion of the Court
*879MEMORANDUM **
Carl Benavidez appeals the district court’s decision to grant summary judgment and to reject his claim that he was denied due process in his administrative attempts to increase his workers’ compensation. We affirm.
DISCUSSION
Federal courts lack jurisdiction to review directly the Department of Labor’s refusal to modify a claimant’s disability compensation. See 5 U.S.C. § 8128(b) (providing DOL’s decision “allowing or denying a payment” is “not subject to review ... by a court by mandamus or otherwise”); see also Staacke v. United States Sec’y of Labor, 841 F.2d 278, 280-81 (9th…
2Cases cited5 opinions
- Werner R. Staacke v. United States Secretary of LaborCourt of Appeals for the Ninth Circuit · 1988
- Paul K. Raditch, Plaintiff-Counter-Defendant-Appellant v. United States of America, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
- Sherwood T. Rodrigues v. United States Secretary of Labor, Raymond J. Donovan, DefendantsCourt of Appeals for the Ninth Circuit · 1985
- Qwest Corp. v. City of PortlandCourt of Appeals for the Ninth Circuit · 2004
- Carl R. Benavidez v. Department of the NavyCourt of Appeals for the Federal Circuit · 2001
3Cited by1 opinion
- Cooper v. State of Hawaii Department of TaxationDistrict Court, D. Hawaii · 2019