Legal Opinion
Ceres Gulf, Inc. v. Director, Office of Worker's Compensation Programs
Court of Appeals for the Fifth Circuit
Decided June 4, 2012No. 11-60456PublishedCited by 12 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
Ceres Gulf, former employer of retired longshoreman Ñorris Plaisance, Jr., challenges a Benefits Review Board (“BRB”) decision that overruled an Administrative Law Judge (“ALJ”) twice and held Ceres Gulf liable for Plaisance’s hearing loss. Because the BRB initially applied the wrong legal test and standard of review to the ALJ’s decision, we REVERSE.
I. Background
Plaisance (“Claimant”) worked as a longshoreman for various employers beginning in the 1950s and for Ceres Gulf (“Petitioner”) from 1982 until he retired in 1988. He noticed an initial hearing loss in…
2Cases cited14 opinions
- Del Vecchio v. BowersSupreme Court of the United States · 1935
- Strachan Shipping Co. v. NashCourt of Appeals for the Fifth Circuit · 1986
- Southern Stevedoring Co. v. HendersonCourt of Appeals for the Fifth Circuit · 1949
- Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1986
- Avondale Industries, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Wilton J. CuevasCourt of Appeals for the Fifth Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tom Mays v. DOWCPCourt of Appeals for the Fifth Circuit · 2019
- BIS Salamis, Inc. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2016
- Ramsay Scarlett & Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2015
- Sea-Land Services, Inc. v. DOWCPCourt of Appeals for the Fifth Circuit · 2020
- Ins Co. of the State of PA v. Dir, Off of WCourt of Appeals for the Fifth Circuit · 2013
7 more not listed; retrieve them via the Exa API.