Legal Opinion

Manuel Palacios v. Campbell Industries, and Director, United States Department of Labor Office of Workers' Compensation Programs

Court of Appeals for the Ninth Circuit

Decided December 4, 1980No. 78-3358PublishedCited by 29 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Manuel Palacios appeals a decision of the Benefits Review Board (BRB) affirming an administrative law judge’s determination of disability benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901 et seq. Palacios challenges the selection and application of the statutory method used to calculate the average annual earnings upon which his disability award is based.

On September 6,1973 at San Diego, California, Palacios was hired as an extra shipyard painter by Campbell Industries. He was assigned to work on a ship being repaired…

2Cases cited4 opinions

  1. National Steel & Shipbuilding Co. And Fireman's Fund American Insurance Co. v. Emma J. (Evans) Bonner and U. S. Dept. Of LaborCourt of Appeals for the Ninth Circuit · 1979
  2. Tri-State Terminals, Inc. v. JesseCourt of Appeals for the Seventh Circuit · 1979
  3. O'Hearne v. Maryland Casualty Co.Court of Appeals for the Fourth Circuit · 1949
  4. Fireman's Fund Ins. v. Van SteeneCourt of Appeals for the Ninth Circuit · 1941

3Cited by29 opinions

  1. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  2. Sam D. Matulic v. Director, Office of Workers Compensation Programs Jones Stevedoring Co.Court of Appeals for the Ninth Circuit · 1998
  3. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  4. Duncanson-Harrelson Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1981
  5. Universal Maritime Service Corporation v. Bernard N. Wright Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998

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