Legal Opinion
Sir Gean Amos v. Director, Office of Workers' Compensation Programs Sea-Land Services, Inc. Crawford & Company
Court of Appeals for the Ninth Circuit
Decided September 1, 1998No. 96-70988PublishedCited by 2 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
Sir Gean Amos injured his shoulder while working as a loader/checker for Sea-Land Service and sought treatment and benefits under the Longshore and Harbor Workers’ Compensation Act. His treating orthopedic surgeon recommended surgery. Two other orthopedic surgeons recommended against it. Both recommendations were reasonable. We hold today that when an injured employee is faced with competing medical opinions about the best way to treat his work-related injury, each of them medically reasonable, it is for the patient-not the employer or the ALJ-to decide what is best…
2Cases cited5 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Mary M. MAGALLANES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
- Coreen L. SPRAGUE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Aleksandr Kashuba v. Legion Insurance Co., C/o Hamilton Ballard Director, Office of Workers Compensation Programs, Northwest Marine Incorporated Legion Insurance Company v. Aleksandr Kashuba Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1998
3Cited by2 opinions
- Anthony Jordan v. Ssa Terminals, LLCCourt of Appeals for the Ninth Circuit · 2020
- Sir Gean Amos v. Director, Office of Workers' Compensation Programs Sea-Land Services, Inc. Crawford & CompanyCourt of Appeals for the Ninth Circuit · 1999