(DOWNLOAD) "Ceres Gulf and Esis/Ina v. Cooper" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Ceres Gulf and Esis/Ina v. Cooper
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 27, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
BARKSDALE, Circuit Judge: Primarily at issue is subject matter jurisdiction vel non for an original action in district court against a former employee to recover advance payments made under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), when additional LHWCA compensation is not owed the employee and the relief sought is not permitted, either procedurally or substantively, by the Act. After being denied such recovery in LHWCA administrative proceedings, but without seeking review in a court of appeals as allowed by the Act, the employer and its compensation insurer filed this separate suit. Several months later, when a default judgment was being considered, the Director, Office of Workers' Compensation Programs, fortuitously became aware of this action and immediately sought to intervene, based on his authority as administrator of the LHWCA. This notwithstanding, the district court entered the judgment and later denied intervention. The Director bases error, inter alia, on the denial and lack of subject matter jurisdiction. We agree and REVERSE and REMAND with instructions.
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