Legal Opinion

American Mutual Liability Insurance v. Smith

Court of Appeals for the Eleventh Circuit

Decided July 29, 1985No. Nos. 84-7385, 84-7386 and 84-7387PublishedCited by 1 opinion

1Opinion of the Court

CLARK, Circuit Judge:

These consolidated cases involve section 909(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (the Act) 33 U.S.C. §§ 901-950. The facts of each of the cases are similar and undisputed. The decedents died from work related injuries and were survived by their wives and children. The petitioner paid the surviving spouses (widows) and children death benefits in accordance with the Act. The surviving spouses remarried and pursuant to 33 U.S.C. § 909(b) received a lump sum payment equal to two years compensation.

After the remarriage of the surviving spouses there…

2Cases cited16 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Reed v. the YakaSupreme Court of the United States · 1963
  3. Morrison-Knudsen Construction Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1983
  4. Freeman v. Texas Compensation Insurance Co.Texas Supreme Court · 1980
  5. Presley v. Tinsley Maintenance ServiceCourt of Appeals for the Fifth Circuit · 1976

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3Cited by1 opinion

  1. American Mutual Liability Insurance Company v. Suzanne Smith (Child of James v. Smith), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, American Mutual Liability Insurance Company v. Christopher Lamon and Patrick Wayne Andrews (Children of Cecil Andrews), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, American Mutual Liability Insurance Company v. Brenda Turnbo (Child of Benny Turnbo, Jr.), and Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 1985

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