Legal Opinion
Texports Stevedores Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Fifth Circuit
Decided May 16, 1991No. 90-4560PublishedCited by 2 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
In these consolidated cases, the employers appeal a decision of the Benefits Review Board (BRB) awarding workers’ compensation to two claimants. Both claimants recovered tort damages from third-party tortfeasors. The BRB held that the employers must resume workers’ compensation payments when the total amount of compensation payments that would have been paid but for the tort recoveries exceeds the amount of those tort recoveries. The BRB specifically rejected the employers’ argument that they were entitled to discount to present value the accrued compensation…
2Cases cited4 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Bloomer v. Liberty Mutual InsuranceSupreme Court of the United States · 1980
- Claim of Mohr v. Wiebusch & Hilger, Ltd.New York Court of Appeals · 1936
- Claim of Mohr v. Wiebusch & Hilger, Ltd.Appellate Division of the Supreme Court of the State of New York · 1936
3Cited by2 opinions
- Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001
- Texports Stevedores Co. v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1991