Legal Opinion
Wilborn Stevens v. Director, Office of Workers' Compensation Programs Lockheed Shipbuilding Co.
Court of Appeals for the Ninth Circuit
Decided August 7, 1990No. 89-70224PublishedCited by 31 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
This case raises a question of interpretation under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq.: When does an employee’s disability that was total become partial for purposes of compensation under 33 U.S.C. § 908? The Benefits Review Board held that when an employer makes a showing that there was suitable alternative employment reasonably available to a disabled employee, total disability becomes partial and the change of status is retroactive to the date of maximum medical improvement. We reverse, rejecting Berkstresser v. Washington…
2Cases cited10 opinions
- American Mutual Insurance Company of Boston and Rose Brothers Company v. Willie B. JonesCourt of Appeals for the D.C. Circuit · 1970
- Bertram A. Watson and R. J. Shea, Deputy Commissioner v. Gulf Stevedore CorporationCourt of Appeals for the Fifth Circuit · 1968
- Newport News Shipbuilding and Dry Dock Company v. Curtis Tann Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1988
- New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
- Duncanson-Harrelson Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Liberty Mutual Insurance Company v. Commercial Union Insurance CompanyCourt of Appeals for the First Circuit · 1992
- Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001
- General Construction Company Liberty Northwest Insurance Corp. v. Robert Castro Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2005
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding and Dry Dock Company v. Jackie H. HarcumCourt of Appeals for the Fourth Circuit · 1993
- Louisiana Insurance Guaranty Ass'n v. AbbottCourt of Appeals for the Fifth Circuit · 1994
26 more not listed; retrieve them via the Exa API.