Duncanson-Harrelson Co. & Employers Mut. Liab. Ins. Co. of Wausau v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Nancy A. Freer, Nancy A. Freer v. United States Dep't of Labor, Off. of Workers' Comp. Programs, 713 F.2d 462 (9th Cir. 1983). · Go Syfert
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Duncanson-Harrelson Co. & Employers Mut. Liab. Ins. Co. of Wausau v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Nancy A. Freer, Nancy A. Freer v. United States Dep't of Labor, Off. of Workers' Comp. Programs, 713 F.2d 462 (9th Cir. 1983). Cases Citing This Book View Copy Cite
8 citation events across 3 distinct courts.
Strongest positive: Spell v. McDaniel (nced, 1985-07-10)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Spell v. McDaniel
E.D.N.C. · 1985 · confidence medium
Watts Realty Co., 586 F.Supp. at 704 (1.25 multiplier); Arizona v. Maricopa County Medical Society, 578 F.Supp. at 1279 (1.4 multiplier); White v. City of Richmond, 559 F.Supp. at 134, aff’d 713 F.2d at 462 (1.5 multiplier); Rajender v. University of Minnesota, 546 F.Supp. at 170 (2.0 multiplier); Vulcan Society v. Fire Department of White Plains, 533 F.Supp. at 1065 (1.5 multiplier); EEOC v. Sage Realty Corp, 521 F.Supp. at 274 (1.35 multiplier).
cited Cited "see" West Winds, Inc. v. M.V. Resolute
9th Cir. · 1983 · signal: see · confidence high
See 713 F.2d 462 (9th Cir. 1983). .
discussed Cited "see" West Winds, Inc. v. M.V. Resolute
9th Cir. · 1983 · signal: see · confidence high
See 713 F.2d 462 (9th Cir.1983) 2 In one opinion holding that contributions are "wages of the crew" under section 953, In re Bulk Food Carriers, Inc., No. 3-78-0187 (Bankr.N.D.Cal.1980), a bankruptcy court distinguished Long Island Tankers because the collective bargaining agreement before the bankruptcy court did not explicitly state that individual seamen had no right, title, or interest in the employer's contributions.
Retrieving the full opinion text from the archive…
Duncanson-Harrelson Company and Employers Mutual Liability Insurance Company of Wausau
v.
Director, Office of Workers' Compensation Programs, United States Department of Labor, and Nancy A. Freer, Nancy A. Freer v. United States Department of Labor, Office of Workers' Compensation Programs
79-7093.
Court of Appeals for the Ninth Circuit.
Aug 15, 1983.
713 F.2d 462
Published

713 F.2d 462

DUNCANSON-HARRELSON COMPANY and Employers Mutual Liability
Insurance Company of Wausau, Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United
States Department of Labor, Respondent,
and
Nancy A. Freer, Claimant.
Nancy A. FREER, Petitioner,
v.
UNITED STATES DEPARTMENT OF LABOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS, Respondent.

Nos. CA 79-7093, CA 79-7094.

United States Court of Appeals,
Ninth Circuit.

Argued Dec. 10, 1980.
Submitted April 6, 1982.
Decided Aug. 15, 1983.

B. James Finnegan, San Francisco, Cal., argued, for Duncanson-Harrelson Co., et al.; Kiernan & Finnegan, San Francisco, Cal., on brief.

Lee H. Cliff, San Francisco, Cal., argued, for Freer; W. Martin Tellegen, Hall, Henry, Oliver & McReavy, San Francisco, Cal., on brief.

Mark C. Walters, Washington, D.C., for Director; Mary A. Sheehan, Washington, D.C., on brief.

Petition to Review a Decision of the Benefits Review Board United States Department of Labor.

Before TRASK and ANDERSON, Circuit Judges, and STEPHENS,[*] District Judge.

TRASK, Circuit Judge:

1

This court originally decided this case on September 14, 1982. Duncanson-Harrelson Co. v. Director (OWCP), 686 F.2d at 1336 (9th Cir.1982). The Supreme Court on June 10, 1983, granted a petition for writ of certiorari, --- U.S. ----, 103 S.Ct. 2446, 76 L.Ed.2d --- (1983). The judgment was vacated and the case was remanded for further consideration in light of Morrison-Knudsen Construction Co. v. Director (OWCP), 461 U.S. ----, 103 S.Ct. 2045, 76 L.Ed.2d 194 (1983).

2

In part V of our original decision we held that employer contributions to union pension and health funds were wages as defined in 33 U.S.C. § 902(13). 686 F.2d at 1343-46. We determined that such contributions should have been included in calculating the decedent's average annual wage. As the Benefits Review Board (BRB) had not included the employer contributions in the decedent's wage calculation, we reversed its decision on that point.

3

In Morrison-Knudsen the Supreme Court held unequivocally that employer contributions to union trust funds were not wages as defined in 33 U.S.C. § 902(13). 461 U.S. at ----, 103 S.Ct. at 2053, 76 L.Ed.2d 194. We are, therefore, compelled to vacate part V of our original decision and affirm in full the decision of the BRB.

*

Honorable Albert Lee Stephens, Jr., Senior United States District Judge for the Central District of California, sitting by designation