Legal Opinion
Ceres Gulf and Esis/ina v. Cleaster Cooper, Director, Office of Workers' Compensation Programs (u.s. Department of Labor), Intervenor-Appellant
Court of Appeals for the Fifth Circuit
Decided April 21, 1992No. 91-2097PublishedCited by 94 opinions
1Opinion of the Court
BARKSDALE, Circuit Judge:
Primarily at issue is subject matter jurisdiction vel non for an original action in district court against a former employee to recover advance payments made under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), when additional LHWCA compensation is not owed the employee and the relief sought is not permitted, either procedurally or substantively, by the Act. After being denied such recovery in LHWCA administrative proceedings, but without seeking review in a court of appeals as allowed by the Act, the employer and its compensation…
2Cases cited30 opinions
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- William E. Nuesse, Commissioner of Banks, State of Wisconsin v. William Camp, Comptroller of the CurrencyCourt of Appeals for the D.C. Circuit · 1967
- 17 Fair empl.prac.cas. 528, 14 Empl. Prac. Dec. P 7813 Eddie Stallworth v. Monsanto Company v. J. W. Palmer, Movants-AppellantsCourt of Appeals for the Fifth Circuit · 1977
- Whitney National Bank in Jefferson Parish v. Bank of New Orleans & Trust Co.Supreme Court of the United States · 1965
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
25 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Ross v. MarshallCourt of Appeals for the Fifth Circuit · 2005
- Sierra Club v. EspyCourt of Appeals for the Fifth Circuit · 1994
- Edwards v. City of HoustonCourt of Appeals for the Fifth Circuit · 1996
- Daigle v. Shell Oil Co.Court of Appeals for the Tenth Circuit · 1992
- Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the InteriorCourt of Appeals for the Tenth Circuit · 1996
89 more not listed; retrieve them via the Exa API.