· 3/31/1988
Billie J. Atkinson v. Gates, McDonald & Company
Citations
- 838 F.2d 808
- 1988 WL 11149
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a state-law cause of action addressed by the LHWCA is preempted and that \the LHWCA is plainly preemptive of any state law claim for intentional or bad faith wrongful refusal to pay benefits due under the [LHWCA]\
- dismissing claims for bad faith failure to pay compensation based on exclusivity of DBA and LHWCA
- “[T]he LHWCA impliedly grants the employer’s insurance carrier ... the same immunity which it grants the employer.”
- LHWCA exclusivity provision preempted employee’s state law bad faith claim against benefits administrator
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Garwood, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.