Legal Opinion
Eymard & Sons Shipyard v. Smith
Court of Appeals for the Fifth Circuit
Decided January 13, 1989No. 87-4670PublishedCited by 7 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Respondent McGee Smith (Smith) was awarded benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, for work-related silicosis, which the administrative law judge (AU) found to be a permanent total disability. Smith’s employer, petitioners Eymard & Sons Shipyard (Ey-mard), and its insurer, Gulf Coast Insurance Company (Gulf Coast), sought the protection of the “secondary-injury” fund of LHWCA section 44, 33 U.S.C. § 944, pursuant to the provision for “Injury Increasing Disability,” LHWCA section 8(f), 33 U.S.C. § 908(f).…
2Cases cited5 opinions
- Lawson v. Suwannee Fruit & Steamship Co.Supreme Court of the United States · 1949
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Cargill, Inc. And Northwest National Insurance Co.Court of Appeals for the Ninth Circuit · 1983
- Bechtel Associates, P.C. And Lumbermens Mutual Casualty Co. v. Sally T. Sweeney and Director, Office of Workers' Compensation Programs, DolCourt of Appeals for the D.C. Circuit · 1987
- White v. Bath Iron Works Corp.Court of Appeals for the First Circuit · 1987
- Director, Office of Workers' Compensation Programs v. Universal Terminal & Stevedoring Corp.Court of Appeals for the Third Circuit · 1978
3Cited by7 opinions
- Ceres Marine Terminal v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 1997
- Sealand Terminals, Inc. v. GasparicCourt of Appeals for the Second Circuit · 1993
- C.G. Willis, Inc., and Aetna Casualty and Surety Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Eleventh Circuit · 1994
- Bunge Corporation, Ina, Mikhail Miller v. Director, Office of Workers Compensation, United States Department of Labor Office of Workman CompensationCourt of Appeals for the Ninth Circuit · 1991
- Sealand Terminals, Inc. v. Mario GasparicCourt of Appeals for the Second Circuit · 1993
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