Legal Opinion
Albina Engine & MacHine v. Director, Office of Workers' Compensation Programs
Court of Appeals for the Ninth Circuit
Decided December 10, 2010No. 09-70592PublishedCited by 6 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
Albina Engine & Machine (“Albina”) petitions for review of a decision of the Benefits Review Board (the “Board”) upholding the Administrative Law Judge’s (“ALJ”) ruling that Albina is liable for payment of death benefits to Karen McAllister (“Claimant”) under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA”), 33 U.S.C. § 901 et seq. Claimant is the widow of James McAllister (“Decedent”), who died of mesothelioma as a result of exposure to asbestos during his work as a carpenter for three shipyard employers, one of which was Albina. Albina argues…
2Cases cited19 opinions
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
- The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
- National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
- U. S. Industries/Federal Sheet Metal, Inc. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1982
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3Cited by6 opinions
- Schwirse v. Director, Office of Workers' Compensation ProgramCourt of Appeals for the Ninth Circuit · 2013
- Charles Zumwalt v. NasscoCourt of Appeals for the Ninth Circuit · 2019
- Hamidullah Makhmoor v. Mission Essential PersonnelCourt of Appeals for the Ninth Circuit · 2019
- Jeffboat, Incorporated v. Director, OWCPCourt of Appeals for the Seventh Circuit · 2026
- Michael Calabrese v. Bae Systems Hawaii ShipyardsCourt of Appeals for the Ninth Circuit · 2020
1 more not listed; retrieve them via the Exa API.