Legal Opinion
J.M. Martinac Shipbuilding Insurance Company of North America v. Director, Office of Workers Compensation Programs Darryl G. Grage
Court of Appeals for the Ninth Circuit
Decided April 2, 1990No. 88-7279PublishedCited by 19 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
This is an appeal by an employer, J.M. Martinac, and an insurer, Insurance Company of North America (“INA”), from a decision of the Benefits Review Board awarding benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901 et seq. The Benefits Review Board upheld the Administrative Law Judge’s determination that Darryl G. Grage was entitled to compensation despite the untimely filing of his benefits claim, because the employer was es-topped from raising a time bar defense.
The issues raised on appeal are: (1) whether Martinac was bound…
2Cases cited17 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983
- Voris v. EikelSupreme Court of the United States · 1953
- 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
- Hewson Construction, Inc. v. Reintree Corp.Washington Supreme Court · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Newport News Shipbuilding & Dry Dock Co. v. ParkerCourt of Appeals for the Fourth Circuit · 1991
- Paducah Marine Ways v. Maurice Thompson Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1996
- Container Stevedoring Company v. Director, Office of Workers Compensation Programs Albert GrossCourt of Appeals for the Ninth Circuit · 1991
- Pacific Merchant Shipping Association American Institute of Merchant Shipping Offshore Marine Service Association Western Oil and Gas Association Clean Seas v. Lloyd W. Aubry, Jr., Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California v. Tidewater Marine Service, Inc. Western Boat Operators, Inc., Plaintiff/intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1990
- Daniel C. Abel v. Director, Office of Workers Compensation Programs, Jones Oregon Stevedoring CompanyCourt of Appeals for the Ninth Circuit · 1991
14 more not listed; retrieve them via the Exa API.