Legal Opinion
Barscz v. Director, Office of Workers' Compensation Programs & Electric Boat Corp.
Court of Appeals for the Second Circuit
Decided June 12, 2007No. Docket 05-6420-AGPublishedCited by 15 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
This case calls on us in principal part to determine whether the entire amount of a state law settlement covering both disability and death benefits may be credited against an award of death benefits under the Longshore and Harbor Workers’ Compensation Act (“Longshoreman’s Act” or “Act”), 33 U.S.C. § 901 et seq. For the reasons that follow, we hold that it may not and that only the portion of the settlement funds directed toward state law death benefit claims may be credited. Accordingly we remand to the Benefits Review Board (“Board”) for fact-finding regarding the…
2Cases cited16 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United States v. WilsonSupreme Court of the United States · 1992
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
- United States v. Boris SelioutskyCourt of Appeals for the Second Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dobrova v. HolderCourt of Appeals for the Second Circuit · 2010
- New York v. Atlantic States Marine Fisheries CommissionCourt of Appeals for the Second Circuit · 2010
- Service Employees International, Inc. v. Director, Office of Workers Compensation ProgramCourt of Appeals for the Second Circuit · 2010
- United States v. Prevezon Holdings, Ltd.District Court, S.D. Illinois · 2018
- G4S Int'l Emp't Servs (Jersey) v. Newton-SealeyCourt of Appeals for the Second Circuit · 2020
10 more not listed; retrieve them via the Exa API.