Legal Opinion

Keenan v. Director for Benefits Review Board

Court of Appeals for the Ninth Circuit

Decided December 21, 2004No. 03-70442PublishedCited by 1 opinion

1Opinion of the Court

GOODWIN, Circuit Judge.

This appeal presents the following questions: (1) whether petitioner’s shoulder impairment should be compensated as a scheduled disability of the arm under 33 U.S.C. § 908(c)(1); (2) in the alternative, whether he is entitled to unscheduled compensation under 33 U.S.C. § 908(e)(21) on the ground that his shoulder injury prevented him from accepting a more lucrative foreman’s position; and (3) whether, if neither form of compensation is granted, petitioner is entitled to a de minimis award under 33 U.S.C. § 908(c)(21). We hold that petitioner is entitled to neither…

2Cases cited8 opinions

  1. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  2. Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
  3. Voris v. EikelSupreme Court of the United States · 1953
  4. Matthew Long v. Director, Office of Workers' Compensation Programs Seatrain Lines and Royal Globe Insurance CompanyCourt of Appeals for the Ninth Circuit · 1985
  5. James W. Barker v. United States Department of LaborCourt of Appeals for the First Circuit · 1998

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3Cited by1 opinion

  1. Kevin Keenan v. Director For The Benefits Review BoardCourt of Appeals for the Ninth Circuit · 2004

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