Legal Opinion · Concurring in the judgment

Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co.

Supreme Court of the United States

Decided March 21, 1995No. 93-1783Published

1Concurring in the judgmentJustice Ginsburg

The Court holds that the Director of the Office of Workers’ Compensation Programs of the United States Department of Labor (OWCP) lacks standing under § 21(c) of the Longshore and Harbor Workers’ Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., to seek judicial review of LHWCA claim determinations. Before amendment of the LHWCA in 1972, the Act’s administrator had authority to seek review of LHWCA claim determinations in the courts of appeals. The Court reads the 1972 amendments as divesting the Act’s administrator of access to federal appellate tribunals…

2Cases cited14 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
  3. Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
  4. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  5. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977

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