Director, Office of Workers' Compensation Programs, Department of Labor v. Newport News Shipbuilding and DRY Dock Company et al. (514 U.S. 122)
U.S. Supreme Court · decided March 21, 1995 · Supreme Court Database (Spaeth)
- Citation
- 514 U.S. 122 · 115 S. Ct. 1278
- Decided
- March 21, 1995
- Term
- October Term 1994
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. The question before us in this case is whether the Director of the Office of Workers’ Compensation Programs in the United States Department of Labor has standing under § 21(c) of the Longshore and Harbor Workers’ Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., to seek judicial review of decisions by the Benefits Review Board that in the Director’s view deny claimants compensation to which they are entitled. I On October 24, 1984, Jackie Harcum, an employee of respondent Newport News Shipbuilding and Dry Dock Co., was working in the bilge of a steam barge when a piece of metal grating fell and struck him in the lower back. His injury required surgery to remove a herniated disc, and caused prolonged disability. Respondent paid Harcum benefits under the LHWCA until he returned to light-duty work in April 1987. In November 1987, Harcum returned to his regular department under medical restrictions. He proved unable to perform essential tasks, however, and the company terminated his employment in May 1988. Harcum ultimately found work elsewhere, and started his new job in February 1989. Harcum filed a claim for further benefits under the LHWCA. Respondent contested the claim, and the dispute was referred to an Administrative Law Judge (ALJ). One of the issues was whether Harcum was entitled to…
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