Legal Opinion
Robert Nealon v. California Stevedore & Ballast Co., and Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Ninth Circuit
Decided June 14, 1993No. 91-70399PublishedCited by 13 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
The question in this case is whether, under § 19(e) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., and the supporting regulation, service on the parties must be effected before a compensation order is deemed “filed.” We hold that it must, and remand Nealon’s case to the Benefits Review Board with instructions to remand to the Administrative Law Judge for an evidentiary hearing as to when and whether Nealon was served with the order that he sought to appeal to the Board.
I. FACTS
Robert Nealon was injured in August, 1988, while employed…
2Cases cited16 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Reed v. the YakaSupreme Court of the United States · 1963
- Lucille Force v. Director, Office of Workers' Compensation Programs Department of Labor Fireman's Fund Insurance CompanyCourt of Appeals for the Ninth Circuit · 1991
- Wilborn Stevens v. Director, Office of Workers' Compensation Programs Lockheed Shipbuilding Co.Court of Appeals for the Ninth Circuit · 1990
- Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Kenneth RobertsonCourt of Appeals for the Ninth Circuit · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Price v. Stevedoring Services of America, Inc.Court of Appeals for the Ninth Circuit · 2012
- Sanchez v. Pacific Powder Co.Court of Appeals for the Ninth Circuit · 1998
- Saipan Stevedore Company Incorporated v. Director, Office of Workers' Compensation Programs Helal UddinCourt of Appeals for the Ninth Circuit · 1998
- Big Horn Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, John J. Madia, Real Party in InterestCourt of Appeals for the Tenth Circuit · 1995
- Akiak Native Community v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 2000
8 more not listed; retrieve them via the Exa API.