Legal Opinion

Total Marine Services, Inc. v. Director, Office of Worker's Compensation Programs

Court of Appeals for the Fifth Circuit

Decided July 17, 1996No. 95-60421PublishedCited by 25 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Total Marine Services, Inc., appeals from a final order of the Benefits Review Board (the “BRB”) awarding CPS Staff Leasing, Inc., reimbursement for the compensation benefits it paid under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (the “LHWCA”), to Wayne Arabie, its injured employee who had been “borrowed” by Total Marine. We affirm the BRB’s final order because Total Marine, as Arabie’s “borrowing employer,” is Arabie’s “employer,” and is thus liable for Arabie’s compensation benefits under the express provisions of section 4(a) of…

2Cases cited17 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  3. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
  4. Paul v. Ruiz v. Shell Oil Company, National Tank CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. Gaudet v. Exxon Corp.Court of Appeals for the Fifth Circuit · 1977

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

3Cited by25 opinions

  1. McLaurin v. Noble Drilling (U.S.), Inc.Court of Appeals for the Fifth Circuit · 2008
  2. Langfitt v. Federal Marine Terminals, Inc.Court of Appeals for the Eleventh Circuit · 2011
  3. Howell v. American Cas. Co. of ReadingLouisiana Court of Appeal · 1997
  4. Sketoe v. Exxon Company, USACourt of Appeals for the Fifth Circuit · 1999
  5. Sanchez v. HARBOR CONST. CO., INC.Louisiana Court of Appeal · 2008

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

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