Legal Opinion

Smith v. Aerojet-General Shipyards, Inc.

Court of Appeals for the Fifth Circuit

Decided June 8, 1981No. Nos. 78-3794, 78-3818PublishedCited by 12 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

These consolidated Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. (1976), cases come to us on petition for review of a decision of the United States Department of Labor Benefits Review Board. We reverse the Board’s decision and remand the cases for further proceedings.

I

Thomas Smith brought this action for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act in 1971. Smith, now deceased, worked as a sandblaster for approximately ten shipyards during the thirteen years preceding his death. As the record reflects,…

2Cases cited12 opinions

  1. Voris v. EikelSupreme Court of the United States · 1953
  2. The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
  3. Cordero v. Triple A Machine ShopCourt of Appeals for the Ninth Circuit · 1978
  4. United Brands Company v. Thad Melson, and the Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1979
  5. Bucuk v. Edward A. Zusi Brass FoundryNew Jersey Superior Court Appellate Division · 1958

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3Cited by12 opinions

  1. Consolidation Coal Company v. Louis Chubb, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1984
  2. Kelaita v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Ninth Circuit · 1986
  3. Port of Portland v. Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1991
  4. Argonaut Insurance Company v. PattersonCourt of Appeals for the Eleventh Circuit · 1988
  5. Jasinskas v. Bethlehem Steel Corp.Court of Appeals for the First Circuit · 1984

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