Legal Opinion

Shell Offshore, Inc. v. Director, Office of Worker's Compensation Programs

Court of Appeals for the Fifth Circuit

Decided September 24, 1997No. 96-60634, 96-60692PublishedCited by 18 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

BACKGROUND

These consolidated appeals present two issues: 1) whether the Omnibus Consolidated Rescissions and Appropriations Act of 1996 violates due process by automatically affirming claims older than one year as of September 12, 1996 and 2) what compensation, if any, two offshore workers are entitled to under the Longshore and Harbor Workers’ Compensation Act. We find the Appropriations Act constitutional. We also affirm the compensation awarded to Gilliam and vacate and remand the issue of compensation due to Cañero.

I. No. 96-60634

Fernon Gilliam (“Gilliam”), a lease…

2Cases cited11 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Dino Cinel v. Harry F. Connick, Individually and as District Attorney for the Parish of Orleans, State of LouisianaCourt of Appeals for the Fifth Circuit · 1994
  4. Laitram Corporation, Plaintiff/cross-Appellant v. Nec Corporation and Nec Technologies Inc.Court of Appeals for the Federal Circuit · 1997
  5. Francisco Villanueva v. Cna Insurance Companies, Intervenor-Appellee, Shell Offshore, Inc.Court of Appeals for the Fifth Circuit · 1989

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Texas Midstream Gas Services, LLC v. City of Grand PrairieCourt of Appeals for the Fifth Circuit · 2010
  2. Louis Perez v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2015
  3. Gooden v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1998
  4. Baham v. NOBORS DRILLING USA, LPDistrict Court, W.D. Louisiana · 2010
  5. Hall v. Consolidated Employment Systems, Inc.Court of Appeals for the Fifth Circuit · 1998

13 more not listed; retrieve them via the Exa API.

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