Legal Opinion

Kelaita v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Ninth Circuit

Decided September 12, 1986No. 85-7114PublishedCited by 23 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

This is an appeal from a decision of the Benefits Review Board (“Board”) affirming an Administrative Law Judge’s (“AU”) denial of an employee’s claim under the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950 (1982 and Supp.1983). We affirm.

FACTS AND PROCEEDINGS BELOW

The claimant-appellant, Michael Kelaita, is a marine machinist. Kelaita worked as a steel lathe operator at Triple A Machine Shop (“Triple A”) from 1970 until December 12, 1974 when he voluntarily quit. Six days after leaving Triple A, Kelaita began work as a marine machinist…

2Cases cited12 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  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. Cordero v. Triple A Machine ShopCourt of Appeals for the Ninth Circuit · 1978
  5. United Brands Company v. Thad Melson, and the Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1979

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3Cited by23 opinions

  1. Todd Pacific Shipyards Corp. v. Director, Office of Workers Compensation Programs, U.S. Department of LaborCourt of Appeals for the Ninth Circuit · 1990
  2. Albina Engine & MacHine v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2010
  3. Domingo Alexander v. Director, Office of Workers Compensation Programs Triple a MacHine Shop, Inc.Court of Appeals for the Ninth Circuit · 2002
  4. Marinette Marine Corp. v. Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 2005
  5. Todd Shipyards Corp. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1988

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