Legal Opinion

Perkins v. Marine Terminals Corp.

Court of Appeals for the Ninth Circuit

Decided April 8, 1982No. Nos. 80-7220, 80-7241PublishedCited by 20 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

The claimant, Earl Perkins, and the Director of the Office of Workers’ Compensation Programs (“Director”) petition for review of an order of the Benefits Review Board (“Board”) that vacated a compensation award by an Administrative Law Judge (“ALJ”) under the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA” or “Act”), 33 U.S.C. §§ 901 et seq., and remanded to dismiss for lack of subject matter jurisdiction. We conclude that the Board erred in characterizing the question of maritime situs as jurisdictional, and in overturning the ALJ’s determination that…

2Cases cited17 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  3. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  4. P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
  5. Kobe v. Industrial Accident CommissionCalifornia Supreme Court · 1950

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

3Cited by20 opinions

  1. Histed v. E.I. Du Pont De Nemours & Co.Supreme Court of Delaware · 1993
  2. Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
  3. Van Skike v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2009
  4. SAIF Corp./Oregon Ship v. JohnsonCourt of Appeals for the Ninth Circuit · 1990
  5. Steven Lucas v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 2003

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

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