Legal Opinion

Gooden v. Director, Office of Worker's Compensation Programs

Court of Appeals for the Fifth Circuit

Decided March 13, 1998No. 96-60751PublishedCited by 11 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Petitioner Gooden (Gooden) was a longshoreman employed by ITO Corporation (ITO) as a forklift operator. On November 13,1990, Gooden suffered a heart attack that necessitated a triple coronary bypass surgery three days later. Unable to work after the surgery, Gooden sought benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq. (LHWCA).

The claim was referred to an Administrative Law Judge (ALJ) in Metairie, Louisiana, who dismissed the claim on the grounds that there was no relationship between Goo-den’s employment and his underlying…

2Cases cited5 opinions

  1. Southern Stevedoring Co. v. HendersonCourt of Appeals for the Fifth Circuit · 1949
  2. Todd Shipyards Corp. v. DonovanCourt of Appeals for the Fifth Circuit · 1962
  3. PACIFIC EMPLOYERS'INS. CO. v. PillsburyCourt of Appeals for the Ninth Circuit · 1932
  4. Shell Offshore, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1997
  5. Parsons Corporation Of California v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1980

3Cited by11 opinions

  1. Ortco Contractors, Inc. v. CharpentierCourt of Appeals for the Fifth Circuit · 2003
  2. Port Cooper/t. Smith Stevedoring Company, Inc. v. Willard HunterCourt of Appeals for the Fifth Circuit · 2000
  3. Ceres Gulf, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2012
  4. C & D Production Services v. DirectorCourt of Appeals for the Fifth Circuit · 2010
  5. Bath Iron Works Corp. v. FieldsCourt of Appeals for the First Circuit · 2010

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