General Dynamics Corp., Elec. Boat Division v. Benefits Review Bd., Nos. 26
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | Before MOORE, FEINBERG and MULLIGAN; MULLIGAN |
| Citation | 565 F.2d 208 |
| Docket Number | Nos. 26,101,D |
| Decision Date | 26 October 1977 |
| Parties | GENERAL DYNAMICS CORPORATION, ELECTRIC BOAT DIVISION, Petitioner, v. BENEFITS REVIEW BOARD and Director, Office of Workers' Compensation Program, United States Department of Labor, Sammie L. Gray, and Insurance Company of North America, Respondents. GENERAL DYNAMICS CORPORATION, ELECTRIC BOAT DIVISION, Petitioner, v. BENEFITS REVIEW BOARD and Director, Office of Workers' Compensation Program, United States Department of Labor, Insurance Company of North American and Helen Sobolewski, widow of Joseph Sobolewski, Deceased, and the Estate of Joseph Sobolewski, Deceased, Respondents. ockets 77-4049, 77-4088. |
Page 208
v.
BENEFITS REVIEW BOARD and Director, Office of Workers'
Compensation Program, United States Department of
Labor, Sammie L. Gray, and Insurance
Company of North America, Respondents.
GENERAL DYNAMICS CORPORATION, ELECTRIC BOAT DIVISION, Petitioner,
v.
BENEFITS REVIEW BOARD and Director, Office of Workers'
Compensation Program, United States Department of Labor,
Insurance Company of North American and Helen Sobolewski,
widow of Joseph Sobolewski, Deceased, and the Estate of
Joseph Sobolewski, Deceased, Respondents.
Second Circuit.
Decided Oct. 26, 1977.
Page 209
Daniel J. Dougherty, New York City (Kirlin, Campbell & Keating, New York City, Louis J. Gusmano, Alexander Vitale, New York City, of counsel; Murphy & Beane, Boston, Mass., on the brief), for petitioner Dockets Nos. 77-4049 and 77-4088.
Ronald E. Meisburg, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Assoc. Sol., U. S. Dept. of Labor, Washington, D. C.), for respondent Office Workers' Compensation Program Dockets Nos. 77-4049 and 77-4088; Mary A. Sheehan, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent Office Workers' Compensation Program Docket No. 77-4088.
Matthew Shafner, Groton, Conn. (O'Brien, Shafner, Garvey, Bartinik & Stuart, Groton, Conn.), for respondents Gray, Sobolewski and Estate of Joseph Sobolewski.
Frank W. Daley, New Haven, Conn., for respondent Ins. Co. of North America.
Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.
MULLIGAN, Circuit Judge:
These petitions for review are governed by the prior opinion of this court in Travelers Insurance Co. v. Cardillo, 225 F.2d 137 (2d Cir.), cert. denied, 350 U.S. 913, 76 S.Ct. 196, 100 L.Ed. 800 (1955). The petitioner has failed to distinguish the facts here from those encountered in that case and we have not been asked to reconsider it. In any event, we reaffirm its rule which has gained broad acceptance in the field of workmen's compensation law.
General Dynamics Corporation, Electric Boat Division (General Dynamics) brings these petitions for review, pursuant to 33 U.S.C. § 921, from two decisions of the Benefits Review Board of the United States Department of Labor (the Board) which affirmed and affirmed as modified the decisions and orders of Administrative Law
Page 210
Judges, finding General Dynamics liable as an employer and as a self-insured carrier for awards to the estate and the widow of Joseph Sobolewski and to Sammie Gray.I. THE FACTS
a) Sobolewski was employed by General Dynamics in 1941. From 1955 to 1973 he worked as a pipe lagger and pipe coverer installing asbestos insulation in vessels built by his employer. Medical records of General Dynamics indicated that from 1968 on he was suffering from asbestosis and pulmonary fibrosis. On June 29, 1973 he became totally disabled and was forced to leave his job with a condition later diagnosed as carcinoma of the lung. He died on October 10, 1973. After a claim for compensation was made, a hearing was held before an Administrative Law Judge, United States Department of Labor, on January 9, 1976. Medical experts on both sides agreed that Sobolewski's cancerous condition existed by January, 1973 at the latest. The Administrative Law Judge found that it was the cause of his death. He further found that there was no evidence that Sobolewski was ever "intelligently aware that he was suffering from lung cancer causally related to his work environment, nor is there any indication that the Decedent was ever apprised that he was suffering from asbestosis or lung cancer." App. at 21a. In his decision and order filed June 18, 1976, the Administrative Law Judge awarded to Sobolewski's estate and widow compensation for permanent total disability from June 29, 1973 and found General Dynamics solely liable as both employer and insurer for all benefits awarded. The Benefits Review Board affirmed on February 16, 1977, finding no evidence that Sobolewski was aware of his occupational disease prior to his hospitalization in July, 1973.
b) Gray was also employed by General Dynamics as a pipe lagger from 1962 to 1969 and again from 1970 to 1973. On September 27, 1973 he became totally disabled and was forced to leave his employment because of pulmonary complaints. Gray was not advised until he was hospitalized in October, 1973 that he was suffering from...
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American Home Prod. v. Liberty Mut. Ins. Co., No. 80 Civ. 5653 (ADS).
...loss resulted 565 F. Supp. 1497 from any prior employment. 225 F.2d at 144. Accord, General Dynamics Corp. v. Benefits Review Board, 565 F.2d 208 (2d Cir.1977). In this situation, coverage was legislatively mandated; the Court's problem was to determine which employer's fund should be tappe......
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In re Goodrich, Case # 17-10500
...is free to change [a] Court's interpretation of its legislation." General Dynamics Corp., Electric Boat Div. v. Benefits Review Bd., 565 F.2d 208, 212 (2d Cir. 1977) (quoting Illinois Brick Co. v. Illinois, 431 U.S. 720, 736, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977) ). However, "while stare dec......
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Universal Maritime Service Corp. v. Wright, No. 97-2129
...Sammie L. Gray, 5 B.R.B.S. 279, 283-84 (1976) (overtime), aff'd on other grounds sub nom. General Dynamics Corp. v. Benefits Rev. Bd., 565 F.2d 208 (2d 13 See, e.g., Waters, 14 B.R.B.S. at 105-06 (health); Nancy A. Freer, 9 B.R.B.S. 888, 891 (1979) (pension and health), rev'd sub nom. Dunca......
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...for insurance coverage purposes had to be measured from that point as well). 15 See, e. g. General Dynamics Corp. v. Benefits Review Bd., 565 F.2d 208 (2d Cir. 1977); Travelers Ins. Co. v. Cardillo, 225 F.2d 137, cert. denied, 350 U.S. 913, 76 S.Ct. 196, 100 L.Ed. 800 (1955); Grain Handling......
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American Home Prod. v. Liberty Mut. Ins. Co., No. 80 Civ. 5653 (ADS).
...loss resulted 565 F. Supp. 1497 from any prior employment. 225 F.2d at 144. Accord, General Dynamics Corp. v. Benefits Review Board, 565 F.2d 208 (2d Cir.1977). In this situation, coverage was legislatively mandated; the Court's problem was to determine which employer's fund should be tappe......
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In re Goodrich, Case # 17-10500
...is free to change [a] Court's interpretation of its legislation." General Dynamics Corp., Electric Boat Div. v. Benefits Review Bd., 565 F.2d 208, 212 (2d Cir. 1977) (quoting Illinois Brick Co. v. Illinois, 431 U.S. 720, 736, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977) ). However, "while stare dec......
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Universal Maritime Service Corp. v. Wright, No. 97-2129
...Sammie L. Gray, 5 B.R.B.S. 279, 283-84 (1976) (overtime), aff'd on other grounds sub nom. General Dynamics Corp. v. Benefits Rev. Bd., 565 F.2d 208 (2d 13 See, e.g., Waters, 14 B.R.B.S. at 105-06 (health); Nancy A. Freer, 9 B.R.B.S. 888, 891 (1979) (pension and health), rev'd sub nom. Dunca......
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Insurance Co. of North America v. Forty-Eight Insulations, Inc., FORTY-EIGHT
...for insurance coverage purposes had to be measured from that point as well). 15 See, e. g. General Dynamics Corp. v. Benefits Review Bd., 565 F.2d 208 (2d Cir. 1977); Travelers Ins. Co. v. Cardillo, 225 F.2d 137, cert. denied, 350 U.S. 913, 76 S.Ct. 196, 100 L.Ed. 800 (1955); Grain Handling......