SICA

v.

UNITED STATES

Citator

Cited By (32 total)

• NEW Orleans (Gulfwide) Stevedores & Emp'rs Nat'l Ins. Co. v. Turner, 661 F.2d 1031 (5th Cir. 1981)
  …50 U.S. 979, 101 S.Ct. 1512, 67 L.Ed.2d 813 (1981); Duncanson-Harrelson Co. v. Director, Office of Workers’ Compensation Programs, 644 F. 2d 827, 833 (9th Cir. 1981), citing Strachan Shipping Co. v. Shea, 406 F. 2d 521, 522 (5th Cir.), cert. denied, 395 U.S. 921, 89 S.Ct. 1775, 23 L.Ed.2d 283 (1969). By combining the concept of disability as not merely physical with the statutory and case law presumption of coverage, the rule generally stated is that a claimant establishes a prima facie case of disability…
• Steelmet, Inc. v. Caribe Towing Corp., 747 F.2d 689 (11th Cir. 1984)
  …carry a higher burden in the earlier proceeding does not allow use of the failure in the earlier proceeding to collaterally es-top the adversary in the later proceeding. See Strachan Shipping Co. v. Shea, 406 F. 2d 521, 522 (5th Cir.), cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969). We conclude that MEC’s failure to carry its burden on the relevant issues before the arbitrators should not estop it from forcing the insurers to carry their burden of proving issues relevant to lack of covera…
• Duncanson-Harrelson Co. & Emp'rs Mut. Liab. Ins. Co. of Wausau v. Dir., Off. OF Workers' Comp. Programs, United States Dep't of Labor, 644 F.2d 827 (9th Cir. 1981)
  …as urged by the employer. In regard to the expert medical testimony, we note that “all doubtful questions of fact are to be resolved in favor of the injured employee.” Strachan Shipping Co. v. Shea, 406 F. 2d 521, 522 (5th Cir. 1969), cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 283 (1969). This rule was applied by both the Administrative Law Judge and the Board in resolving the inevitable conflict that developed between the testimony of the employer’s and employee’s medical experts. Section 8(f)…