Legal Opinion

Carl Bienvenu v. Texaco, Inc. Director, Office of Worker's Compensation Programs, U.S. Department of Labor Insurance Company of North America

Court of Appeals for the Fifth Circuit

Decided January 11, 1999No. 96-60625PublishedCited by 24 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM and W. EUGENE DAVIS, Circuit Judges:

Carl Bienvenu seeks benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for injuries sustained on navigable waters during the course of his employment. His petition requires us to enter the unsettled waters of our LHWCA jurisprudence. In deciding that Bienvenu is entitled to LHWCA benefits, we right our wayward precedent and chart a smoother course for future panels to follow.

I

Bienvenu worked for Texaco, Inc., in the Caillou Island production field as a pumper specialist. By 1987 he had been employed by *903Texaco…

2Cases cited27 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  3. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  4. Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
  5. Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983

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3Cited by24 opinions

  1. Scott v. Trump Indiana, Inc.Court of Appeals for the Seventh Circuit · 2003
  2. Alameda Films S A De C V v. Authors Rights Restoration Corporation Inc.Court of Appeals for the Fifth Circuit · 2003
  3. Lockheed Martin Corporation, Ace USA v. Lorraine Morganti, Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Second Circuit · 2005
  4. MMR Constructors, Incorporated v. DOWCP, etCourt of Appeals for the Fifth Circuit · 2020
  5. Paul v. All Alaskan Seafoods, Inc.Court of Appeals of Washington · 2001

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