CERES GULF v. COOPER

Civ. A. No. H-90-1722.

756 F.Supp. 303 (1990)

CERES GULF and ESIS/INA, Plaintiffs, v. Cleaster COOPER, Defendant, and DOL, Office of Workers' Compensation Programs, Department of Labor, Intervenor.

United States District Court, S.D. Texas.

December 11, 1990.


Attorney(s) appearing for the Case

Steven Lynn Roberts, Houston, Tex., for plaintiffs.

Carol B. Feinberg, Office of the Solicitor, Washington, D.C., for intervenor.


MEMORANDUM ON RECOVERY OF EXCESS BENEFITS

HUGHES, District Judge.

1. Introduction.

Although the worker has not answered the complaint for recovery of benefits paid to him under the federal longshoreman's compensation plan, the employer was asked to answer the question of recoverability. Under the law, a employer who pays benefits that are later determined administratively not to have been due may recover them from the worker.

2...

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