PALOMBO v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 678, Docket 90-4047.

937 F.2d 70 (1991)

Richard L. PALOMBO, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and General Dynamics Corporation, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 26, 1991.


Attorney(s) appearing for the Case

Matthew Shafner, Groton, Conn. (Carolyn P. Kelly, Cynthia Fausold Schwanz, Nathan J. Shafner, O'Brien, Shafner, Bartinik, Stuart & Kelly, P.C., of counsel), for petitioner.

Marianne Demetral Smith, Atty., U.S. Dept. of Labor, Office of the Sol., Washington, D.C. (Robert P. Davis, Sol. of Labor, Carol A. De Deo, Associate Sol., Janet R. Dunlop, Counsel for Longshore, U.S. Dept. of Labor, of counsel), for respondent Director, Office of Workers' Compensation Programs.

Norman P. Beane, Jr., Boston, Mass. (Diane M. Broderick, Murphy & Beane, of counsel), for respondent General Dynamics Corp.

Before KEARSE, PIERCE and MINER, Circuit Judges.


PIERCE, Senior Circuit Judge:

This is a petition for review of a final order of the Benefits Review Board affirming a denial by the Administrative Law Judge ("ALJ") of petitioner's claim for permanent total disability benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) ("LHWCA"). We grant the petition and reverse the Board's order on two grounds. First, we hold that a claimant may rebut his employer's showing of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases