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KRESCHOLLEK v. SOUTHERN STEVEDORING CO.

No. 99-5599.

223 F.3d 202 (2000)

Carl KRESCHOLLEK, Appellant, v. SOUTHERN STEVEDORING COMPANY; Lumbermen's Mutual Casualty Company; Robert Reich, Individually, and in his capacity as Secretary of Labor and Industry of the United States of America; David Lotz, Individually, and in his capacity as Director of the Office of Workers' Compensation, National Association of Waterfront Employers and The Shipbuilders Council of America, Intervener-Plaintiff in D.C.

United States Court of Appeals, Third Circuit.

Filed July 28, 2000.

Attorney(s) appearing for the Case

David M. Linker, (argued), Freedman & Lorry, Philadelphia, PA, Attorney for Appellants.

Shannen W. Coffin, (argued), Mark F. Horning, Steptoe & Johnson, Washington, DC, Attorneys for private Appellees Southern Stevedoring and Lumbermen's Mutual.

Allen H. Feldman, Nathaniel I. Spiller, Gary K. Stearman, (argued), Andrew D. Auerbach, United States Department of Labor, Office of the Solicitor, Washington, DC, Attorneys for Appellee Secretary of Labor.

Andrew D. Auerbach, United States Department of Labor, Office of the Solicitor, Washington, DC, Attorney for Appellee Director OWCP.

Before BECKER, Chief Judge, ALDISERT, Circuit Judge and O'KELLEY, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The issue on appeal is whether the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (2000), is unconstitutional on its face because it allows employers and their insurance carriers to terminate payment of workers' compensation benefits without notice. Specifically, we must decide whether Appellant Carl Kreschollek's employer, Southern Stevedoring Co., and its insurance...

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