Sealand Terminals, Inc. v. Mario Gasparic, 7 F.3d 321 (2d Cir. 1993). · Go Syfert
Sealand Terminals, Inc. v. Mario Gasparic, 7 F.3d 321 (2d Cir. 1993). Cases Citing This Book View Copy Cite
35 citation events (24 in the last 25 years) across 6 distinct courts.
Strongest positive: Gabriel v. United States Dep't. of Lab. (ca2, 2025-12-17)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Gabriel v. United States Dep't. of Lab.
2d Cir. · 2025 · confidence medium
“Credibility findings of an ALJ are entitled to great deference and therefore can be reversed only if they are patently unreasonable.” Id. (internal quotation marks 4 omitted). “[W]e are not free to re-weigh the evidence or to make determinations of credibility.” Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir. 1993).
discussed Cited as authority (rule) Uzdavines v. Weeks Marine, Inc.
2d Cir. · 2005 · confidence medium
Standard of review Our review of the Board’s decision is limited to “whether the [Board] made any errors of law and whether [an] ALJ’s findings of fact, in light of the entire record, are supported by substantial evidence.” Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) (quoting Crawford v. Dir., Office of Workers’ Comp., 932 F.2d 152 , 154 (2d Cir.1991)) (internal quotation marks omitted).
discussed Cited as authority (rule) Frank Uzdavines v. Weeks Marine, Inc.
2d Cir. · 2005 · confidence medium
Standard of review 13 Our review of the Board's decision is limited to "whether the [Board] made any errors of law and whether [an] ALJ's findings of fact, in light of the entire record, are supported by substantial evidence." Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) (quoting Crawford v. Dir., Office of Workers' Comp., 932 F.2d 152 , 154 (2d Cir.1991)) (internal quotation marks omitted). 14 The first question — whether the decedent was a "member of a crew" excluded from the LHWCA — is a mixed question of law and fact.
discussed Cited as authority (rule) Russell Jensen v. Weeks Marine, Inc., and Director, Office of Workers' Compensation Programs, United States Dep't of Labor
2d Cir. · 2003 · confidence medium
STANDARD OF REVIEW As this Court has noted, under the Longshoreman’s Act “[t]he scope of our review is limited: *We will only consider whether the BRB made any errors of law and whether the AL J’s findings of fact, in light of the entire record, are supported by substantial evidence.’ ” Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) (per curiam) (quoting Crawford v. Director, OWCP, 932 F.2d 152 , 154 (2d Cir.1991)).
discussed Cited as authority (rule) Newport News Shipbuilding and Dry Dock Company v. Pounders
4th Cir. · 2003 · confidence medium
In Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) ( per curiam ), the court held that § 8(f) relief is precluded unless the evidence establishes that the work-related injury alone would not have caused the workers' total disability.
discussed Cited as authority (rule) Newport News Shipbuilding & Dry Dock Co. v. Pounders (2×)
4th Cir. · 2003 · confidence medium
In Sealand Termi- nals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir. 1993) (per curiam), the court held that § 8(f) relief is precluded unless the evidence estab- lishes that the work-related injury alone would not have caused the workers’ total disability.
discussed Cited as authority (rule) Newport News Shipbuilding & Dry Dock Co. v. Winn (2×)
4th Cir. · 2003 · confidence medium
In Sealand Termi- 8 NEWPORT NEWS SHIPBUILDING v. WINN nals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir. 1993) (per curiam), the court held that § 8(f) relief is precluded unless the evidence estab- lishes that the work-related injury alone would not have caused the workers’ total disability.
discussed Cited as authority (rule) Newport News Shipbuilding and Dry Dock Co. v. Winn
4th Cir. · 2003 · confidence medium
In Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) ( per curiam ), the court held that § 8(f) relief is precluded unless the evidence establishes that the work-related injury alone would not have caused the workers' total disability.
discussed Cited as authority (rule) American Stevedoring Limited v. Victor Marinelli, Office of Workers' Compensation Programs, U.S. Dept. Of Labor
2d Cir. · 2001 · confidence medium
DISCUSSION Our review of the underlying administrative decisions is of limited scope: “We will only consider whether the [Board] made any errors of law and whether the ALJ’s findings of fact, in light of the entire record, are supported by substantial evidence.” Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2nd Cir.1993).
cited Cited as authority (rule) Universal Maritime Service Corporation v. Louis Spitalieri, and Director, Office of Workers' Compensation Programs
2d Cir. · 2000 · confidence medium
See Voris v. Eikel, 346 U.S. 328, 333-34 , 74 S.Ct. 88 , 98 L.Ed. 5 (1953); Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993).
discussed Cited as authority (rule) Director, Office of Workers' Compensation Programs, United States Department of Labor v. Sun Ship, Inc. (Gertrude Ehrentraut, Claimant)
3rd Cir. · 1998 · confidence medium
Willis, Inc. v. Director, Office of Workers' Compensation Programs, 31 F.3d 1112, 1115 (11th Cir.1994); Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323-24 (2nd Cir.1993); Two “R” Drilling Co., Inc. v. Director, Office of Workers' Compensation Programs, 894 F.2d 748, 750 (5th Cir.1990); ‘Lambert's Point Docks, Inc. v. Harris, 718 F.2d 644 , 648 (4th Cir.1983); Dir ector, Office of Workers' Compensation Programs v. Cargill, Inc., 709 F.2d 616, 619 (9th Cir.1983) (en banc); General Dynamics Corp. v. Sacchetti, *296 681 F.2d 37, 39-40 (1st Cir.1982); Director, Office of Workers’ Compe…
discussed Cited as authority (rule) Bath Iron v. Director
1st Cir. · 1998 · confidence medium
Sealand Terminals, Inc. v. ________________________ Gasparic, 7 F.3d 321, 323 (2d Cir. 1993)(per curiam); Director, ________ _________ OWCP v. Universal Terminal & Stevedoring Corp., 575 F.2d 452 , 455 ____ ______________________________________ (3d Cir. 1978); Director, OWCP v. Newport News Shipbuilding & Dry ______________ _______________________________ Dock Co. (Langley), 676 F.2d 110, 114 (4th Cir. 1982); Ceres _________ _______ _____ Marine Terminal v. Director, OWCP, 118 F.3d 387, 392 (5th Cir. _______________ ______________ 1997); Duluth, 553 F.2d at 1149-51 (8th Cir. 1977); Director, …
discussed Cited as authority (rule) Bath Iron Works Corp. v. Director
1st Cir. · 1998 · confidence medium
Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993)(per curiam); Director, OWCP v. Universal Terminal & Stevedoring Corp., 575 F.2d 452 , 455 (3d Cir.1978); Director, OWCP v. Newport News Shipbuilding & Dry Dock Co. (Langley), 676 F.2d 110, 114 (4th Cir.1982); Ceres Marine Terminal v. Director, OWCP, 118 F.3d 387, 392 (5th Cir.1997); Duluth, 553 F.2d at 1149-51 (8th Cir.1977); Director, OWCP v. Cargill, Inc., 709 F.2d 616, 618-19 (9th Cir.l983)(en banc); C.G.
discussed Cited as authority (rule) Pietrunti v. Director, Office of Workers' Compensation Programs
2d Cir. · 1997 · confidence medium
As we have stated earlier, the scope of our review of an administrative decision is limited: “We will only consider whether the BRB made any errors of law and whether the ALJ’s findings of fact, in light of the entire record, are supported by substantial evidence.” Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2nd Cir.1993), citing, Crawford v. Director, OWCP, 932 F.2d 152 ,154 (2d Cir.1991).
discussed Cited as authority (rule) Anthony Pietrunti v. Director, Office Of Workers' Compensation Programs
2d Cir. · 1997 · confidence medium
As we have stated earlier, the scope of our review of an administrative decision is limited: "We will only consider whether the BRB made any errors of law and whether the ALJ's findings of fact, in light of the entire record, are supported by substantial evidence." Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2nd Cir.1993), citing, Crawford v. Director, OWCP, 932 F.2d 152 , 154 (2d Cir.1991). 25 As indicated above, our decision in Palombo v. Director, Office of Workers' Compensation Programs, 937 F.2d 70, 73 (2d Cir.1991), set forth a three-step burden-shifting scheme to be applied in…
discussed Cited as authority (rule) C.G. Willis, Inc., and Aetna Casualty and Surety Co. v. Director, Office of Workers' Compensation Programs (2×)
11th Cir. · 1994 · confidence medium
See Hardy, 558 F.2d at 1196 n. 10; see also General Dynamics Corp. v. Sacchetti, 681 F.2d 37, 39-40 (1st Cir.1982); Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323-24 (2d Cir.1993); Director, Office of Workers' Compensation Programs v. Universal Terminal & Stevedoring Corp., 575 F.2d 452, 456 (3d Cir.1978); Lambert’s Point Docks, Inc. v. Harris, 718 F.2d 644 , 648 (4th Cir.1983); Duluth, Missabe and Iron Range Railway Co. v. U.S. Department of Labor, 553 F.2d 1144, 1151 (8th Cir.1977); Director, Office of Workers’ Compensation Programs v. Cargill, Inc., 709 F.2d 616, 619 (9th Cir.1983…
discussed Cited "see" Fireman's Fund Ins. Co. v. Great Am. Ins. Co.
2d Cir. · 2016 · signal: see · confidence high
See Folksamerica, 413 7 F.3d at 321 (finding pollution coverage provisions to be marine, 8 given that “[p]ollution coverage is widely recognized as marine in 9 nature,” marine insurance contracts often include pollution 10 coverage, and “[t]he insured’s business operations in oil and cargo 11 transportation render[ed] pollution coverage potentially 12 significant”); see also Certain Underwriters at Lloyds v. Inlet Fisheries 13 Inc., 518 F.3d 645, 654 (9th Cir. 2008) (“One type of insurance or to maritime commerce.
discussed Cited "see, e.g." Barscz v. Director, Office of Workers' Compensation Programs & Electric Boat Corp.
2d Cir. · 2007 · signal: see also · confidence medium
Section 8(f) provides that an employer need only compensate an employee for two years when an employee with an “existing permanent partial disability” sustains a work-related injury that results in a permanent, total disability. 33 U.S.C. § 908 (f); see also Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) (per curiam).
discussed Cited "see, e.g." Barscz v. Director, OWCP
2d Cir. · 2007 · signal: see also · confidence medium
Section 8(f) provides that an employer need only compensate an employee for two years when an employee with an "existing permanent partial disability" sustains a work-related injury that results in a permanent, total disability. 33 U.S.C. § 908 (f); see also Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 323 (2d Cir.1993) (per curiam).
Retrieving the full opinion text from the archive…
Sealand Terminals, Inc. And Utica Mutual Insurance Company
v.
Mario Gasparic and Director, Office of Workers' Compensation Programs, United States Department of Labor
521.
Court of Appeals for the Second Circuit.
Oct 21, 1993.
7 F.3d 321

7 F.3d 321

1994 A.M.C. 1516

SEALAND TERMINALS, INC. and Utica Mutual Insurance Company,
Petitioners,
v.
Mario GASPARIC and Director, Office of Workers' Compensation
Programs, United States Department of Labor, Respondents.

No. 521, Docket 93-4103.

United States Court of Appeals,
Second Circuit.

Argued Oct. 18, 1993.
Decided Oct. 21, 1993.

Lawrence P. Postol, Washington, DC (Seyfarth, Shaw, Fairweather & Geraldson, of counsel), for petitioner-employer/Bondholder.

Philip J. Rooney, New York City (Israel, Adler, Rinca & Gucciardo, of counsel), for claimant-respondent.

Marianne Demetral Smith, United States Dept. of Labor, Office of the Sol., Washington, DC (Thomas S. Williamson, Jr., Sol. of Labor, Carol A. De Deo, Associate Sol., Samuel J. Oshinsky, Counsel for Longshore, of counsel), for respondent, Director, Office of Workers' Compensation Programs.

Before: McLAUGHLIN, JACOBS and REAVLEY,[*] Circuit Judges.

PER CURIAM:

1

Petitioners Sealand Terminals, Inc., and its bondholder, Utica Mutual Insurance Company (collectively "Sealand"), petition for review of the Decision and Order of the Benefits Review Board ("BRB") dated April 8, 1993. The BRB granted relief to claimant-respondent Mario Gasparic, and denied relief to Sealand under section 8(f), 33 U.S.C. § 908(f), of the Longshore and Harbor Workers' Compensation Act. We affirm.

2

On February 19, 1981, Gasparic sustained injuries while working as a longshoreman for Sealand. Gasparic applied for workers' compensation benefits, claiming that his injuries left him totally and permanently disabled. In a proceeding before an Administrative Law Judge ("ALJ"), Sealand contested the permanency of Gasparic's disability; Sealand maintained that Gasparic's injuries caused only temporary aggravation of his pre-existing arthritic back condition. Sealand also claimed section 8(f) relief, arguing that Gasparic suffered from three pre-existing permanent partial disabilities, specifically, two bad knees and a bad back. The ALJ ruled in Gasparic's favor, and denied section 8(f) relief to Sealand. The BRB affirmed the ALJ's decision in its entirety.

3

1. Sealand argues that the ALJ's decision was not supported by substantial evidence, and that the ALJ's opinion failed to adequately address, and give proper weight to, evidence favorable to Sealand. In essence, Sealand complains that the ALJ credited Gasparic's witnesses and evidence and rejected its own. However, we are not free to re-weigh the evidence or to make determinations of credibility. See F.H. McGraw & Co. v. Lowe, 145 F.2d 886, 887-88 (2d Cir.1944); see also Ingalls Shipbuilding, Inc. v. Director, OWCP, 991 F.2d 163, 165 (5th Cir.1993) (reviewing court "typically defer[s] to the ALJ's credibility choices between witnesses and evidence"). The scope of our review is limited: "We will only consider whether the BRB made any errors of law and whether the ALJ's findings of fact, in light of the entire record, are supported by substantial evidence." Crawford v. Director, OWCP, 932 F.2d 152, 154 (2d Cir.1991). See O'Keeffe v. Smith, Hinchman & Grylls Assocs., Inc., 380 U.S. 359, 362, 85 S.Ct. 1012, 1014, 13 L.Ed.2d 895 (1965); Potenza v. United Terminals, Inc., 524 F.2d 1136, 1137 (2d Cir.1975). We have carefully reviewed the entire record and conclude that substantial evidence exists to support the ALJ's findings.

4

2. Sealand also argues that the BRB erred when it denied Sealand section 8(f) relief. In section 8(f), Congress recognized that employers might be disinclined to hire and retain partially disabled workers for fear of major liability should a work injury aggravate the pre-existing disability. See Lawson v. Suwannee Fruit & S.S. Co., 336 U.S. 198, 202, 69 S.Ct. 503, 505, 93 L.Ed. 611 (1949). Accordingly, Section 8(f) limits an employer's compensation liability to two years if an employee with a pre-existing permanent partial disability sustains a work-related injury that results in total, permanent disability. 33 U.S.C. § 908(f). After two years, compensation liability shifts to a special fund established under 33 U.S.C. § 944. "To obtain the benefit of section 8(f), an employer must show that (1) 'the employee had a pre-existing permanent partial disability,' (2) 'this disability was manifest to the employer prior to the subsequent injury,' and (3) the 'subsequent injury alone would not have caused the claimant's total permanent disability.' " Director, OWCP v. General Dynamics Corp., 982 F.2d 790, 793 (2d Cir.1992) (quoting Director, OWCP v. Luccitelli, 964 F.2d 1303, 1305, 1306 (2d Cir.1992) (emphasis in Luccitelli )).

5

Sealand argues that Gasparic's pre-existing knee and back conditions satisfy section 8(f). We disagree. Sealand failed to demonstrate to the ALJ that the February 19 accident alone would not have caused his permanent disability. See Luccitelli, 964 F.2d at 1306. In addition, we agree with the BRB that Gasparic's back condition was not "manifest" to Sealand prior to the accident. That Gasparic's back condition could have been discovered through the use of X-rays hardly renders the condition manifest to Sealand. "Adopting a rule based on discoverability would virtually eliminate the purpose of the court's long-standing and widely observed requirement that the preexisting disability contemplated under section 8(f) be 'manifest.' " White v. Bath Iron Works Corp., 812 F.2d 33, 36 (1st Cir.1987).

6

3. Finally, we decline Sealand's invitation to join the Sixth Circuit, see American Ship Building Co. v. Director, OWCP, 865 F.2d 727 (6th Cir.1989), in abandoning the section 8(f) requirement that the employee's pre-existing condition be "manifest" to the employer. The manifest requirement is supported by sound reasoning as well as an overwhelming weight of authority, see, e.g., Director, OWCP v. Berkstresser, 921 F.2d 306, 309-10 (D.C.Cir.1990); Eymard & Sons Shipyard v. Smith, 862 F.2d 1220, 1223 (5th Cir.1989); White, 812 F.2d at 35-36; Director, OWCP v. Cargill, Inc., 709 F.2d 616, 619 (9th Cir.1983) (en banc); Duluth, Missabe & Iron Range Ry. Co. v. United States Dep't of Labor, 553 F.2d 1144, 1150-51 (8th Cir.1977); Atlantic & Gulf Stevedores, Inc. v. Director, OWCP, 542 F.2d 602, 609 (3d Cir.1976), and is consistent with Congressional intent to prevent discrimination against partially disabled workers. See C & P Tel. Co. v. Director, OWCP, 564 F.2d 503, 514 n. 10 (D.C.Cir.1977). This case presents no compelling reason to question so well-settled a rule of law.

7

Affirmed.

*

The Honorable Thomas M. Reavley, of the United States Court of Appeals for the Fifth Circuit, sitting by designation