Legal Opinion

United Brands Company v. Thad Melson, and the Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fifth Circuit

Decided May 14, 1979No. 77-2904PublishedCited by 48 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

This is an unusual case arising under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq. (Act). The claimant, Thad Melson, was employed by United Brands Company as a banana handler and a rigger for approximately thirteen (13) years. At United Brands, Mel-son engaged in strenuous manual labor such as the lifting of heavy equipment and the moving of numerous banana boxes. At the same time Melson was employed by United Brands, he held a second job at McKnight’s Service Station. Melson worked approximately two or three days a week at United…

2Cases cited13 opinions

  1. Calbeck v. Travelers Insurance Co.Supreme Court of the United States · 1962
  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. Western Boat Bldg. Co. v. O'LearyCourt of Appeals for the Ninth Circuit · 1952
  4. Newport News Shipbuilding & Dry Dock Co. v. O'hearne, Deputy CommissionerCourt of Appeals for the Fourth Circuit · 1951
  5. Joseph Francis Butler v. District Parking Management Co.Court of Appeals for the D.C. Circuit · 1966

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3Cited by48 opinions

  1. Strachan Shipping Co. v. NashCourt of Appeals for the Fifth Circuit · 1986
  2. Conrad Peter, in No. 88-3797 v. Hess Oil Virgin Islands Corp., in No. 88-3798Court of Appeals for the Third Circuit · 1990
  3. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  4. 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
  5. Avondale Shipyards, Inc. v. Billy R. Vinson, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1980

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