Legal Opinion
Richard L. Palombo v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and General Dynamics Corporation
Court of Appeals for the Second Circuit
Decided June 26, 1991No. 678, Docket 90-4047PublishedCited by 12 opinions
1Opinion of the Court
PIERCE, Senior Circuit Judge:
This is a petition for review of a final order of the Benefits Review Board affirming a denial by the Administrative Law Judge (“AU”) of petitioner’s claim for permanent total disability benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1988) (“LHWCA”). We grant the petition and reverse the Board’s order on two grounds. First, we hold that a claimant may rebut his employer’s showing of suitable alternative employment by demonstrating that he diligently tried and was unable to secure such employment. Second, we additionally…
2Cases cited13 opinions
- Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983
- O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965
- Voris v. EikelSupreme Court of the United States · 1953
- Baltimore & Phila. Steamboat Co. v. NortonSupreme Court of the United States · 1932
- Newport News Shipbuilding and Dry Dock Company v. Curtis Tann Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Logan v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2002
- Louisiana Insurance Guaranty Ass'n v. AbbottCourt of Appeals for the Fifth Circuit · 1994
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. General Dynamics Corporation, Employer, and Harold LockhartCourt of Appeals for the First Circuit · 1992
- New Haven Terminal Corp., and Liberty Mutual Insurance Co. v. Richard Lake and Director, Office of Workers' Compensation Programs, U.S. Dept. Of LaborCourt of Appeals for the Second Circuit · 2003
- Pietrunti v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Second Circuit · 1997
7 more not listed; retrieve them via the Exa API.