Legal Opinion
Trans-State Dredging and Hartford Accident and Indemnity Company v. Benefits Review Board, U.S. Department of Labor and David E. Tarner
Court of Appeals for the Fourth Circuit
Decided July 9, 1984No. 83-1234PublishedCited by 36 opinions
1Opinion of the Court
CHAPMAN, Circuit Judge:
Trans-State Dredging and Hartford Accident and Indemnity Company (referred to collectively as employer or Trans-State) appeal a decision of the Department of Labor Benefits Review Board (BRB or Board) which found the claimant to be permanently and totally disabled and awarded benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. The BRB found that Trans-State did not meet its burden of showing the availability of work that the claimant could perform. The nature of the burden of establishing job availability was a…
2Cases cited3 opinions
- New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
- Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1979
- Trans-State Dredging v. David E. Tarner, and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Eleventh Circuit · 1983
3Cited by36 opinions
- Franklin v. Broyhill Furniture IndustriesCourt of Appeals of North Carolina · 1996
- Burwell v. Winn-Dixie Raleigh, Inc.Court of Appeals of North Carolina · 1994
- Johnson v. Southern Tire Sales and ServiceSupreme Court of North Carolina · 2004
- Elwood L. See v. Washington Metropolitan Area Transit Authority Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
- 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
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