Legal Opinion

Avondale Industries, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Wilton J. Cuevas

Court of Appeals for the Fifth Circuit

Decided November 16, 1992No. 96-11224PublishedCited by 41 opinions

1Opinion of the Court

HARMON, District Judge:

Petitioner Avondale Industries, Inc. challenges a final order of the Benefits Review Board, affirming an Administrative Law Judge’s finding that Avondale Industries, Inc. is responsible for Respondent-Claimant Wilton J. Cuevas’ compensation for occupational hearing loss under the Long-shore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq. Specifically the employer argues that the Administrative Law Judge and the Benefits Review Board misapplied the rule that the last maritime employer to expose a claimant to injurious stimuli before the claimant became…

2Cases cited8 opinions

  1. National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939
  2. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  3. 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
  4. Strachan Shipping Co. v. NashCourt of Appeals for the Fifth Circuit · 1986
  5. Diamond M. Drilling Co. v. MarshallCourt of Appeals for the Fifth Circuit · 1978

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3Cited by41 opinions

  1. Director, Office of Workers' Compensation Programs v. Jaffe New York DecoratingCourt of Appeals for the D.C. Circuit · 1994
  2. New Orleans Depot Services, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2013
  3. Conoco, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1999
  4. Bath Iron Works v. Director, Wkrs. CompCourt of Appeals for the First Circuit · 1999
  5. Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor, and Robert L. Baker, Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor and Timothy BuckleyCourt of Appeals for the Fifth Circuit · 1993

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