Legal Opinion

Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Fourth Circuit

Decided February 23, 1979No. 78-1248PublishedCited by 9 opinions

1Opinion of the Court

K. K. HALL, Circuit Judge:

The employer appeals from a decision of the Benefits Review Board which found the claimant to be totally and permanently disabled and awarded benefits under the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C. § 901 et seq. The employer contends that the Board erred as a matter of law both in reversing the administrative law judge’s determination that the disability was temporary and in putting the burden on the employer to show availability of other work which the claimant could perform. We disagree and affirm.

Claimant Jesse W. Chappell, a welder, ruptured a lumbar…

2Cases cited9 opinions

  1. David E. Hicks v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1968
  2. American Mutual Insurance Company of Boston and Rose Brothers Company v. Willie B. JonesCourt of Appeals for the D.C. Circuit · 1970
  3. Bertram A. Watson and R. J. Shea, Deputy Commissioner v. Gulf Stevedore CorporationCourt of Appeals for the Fifth Circuit · 1968
  4. American Stevedores, Inc., and Michigan Mutual Liability Insurance Company v. Vincent Salzano, and Director, Office of Workers Compensation ProgramsCourt of Appeals for the Second Circuit · 1976
  5. United States v. Richard BeckCourt of Appeals for the Sixth Circuit · 1975

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. 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
  2. New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
  3. Frank D. Crum v. General Adjustment Bureau and Home Indemnity Company, General Adjustment Bureau and Home Indemnity Company v. Frank D. CrumCourt of Appeals for the D.C. Circuit · 1984
  4. Trans-State Dredging and Hartford Accident and Indemnity Company v. Benefits Review Board, U.S. Department of Labor and David E. TarnerCourt of Appeals for the Fourth Circuit · 1984
  5. New Orleans Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981

4 more not listed; retrieve them via the Exa API.

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