Legal Opinion
Domingo Alexander v. Director, Office of Workers' Compensation Programs Triple a MacHine Shop, Inc.
Court of Appeals for the Ninth Circuit
Decided December 19, 2001No. 00-70762PublishedCited by 4 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
Domingo Alexander petitions for review of a decision of the Benefits Review Board (the BRB) of the Department of Labor. The question presented is whether settlements he made with others of his employers should be credited against the amount owed by the last responsible employer, Triple A Machine Shop (Triple A). Holding that denial of the credit is compelled by 33 U.S.C. § 903(e) of the Longshore and Harbor Workers’ Compensation Act (the LHWCA), we reverse the BRB and deny Triple A the credit.
FACTS
From the 1940s through 1982, Alexander worked as a sheet metal worker,…
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