United Fruit Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor

Decision Date11 February 1977
Docket NumberNo. 75-3639,75-3639
Citation546 F.2d 1224
PartiesUNITED FRUIT COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Herman G. Hoff, Respondents.
CourtU.S. Court of Appeals — Fifth Circuit

Shelly M. Barto, C. Brooks Morris, New Orleans, La., for petitioner.

William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Laurie M. Streeter, Harry L. Sheinfeld, Washington, D. C., for Dept. of Labor.

Eldon E. Fallon, New Orleans, La., for Herman Hoff.

Thomas W. Thorne, Jr., New Orleans, La., Noble Eden, Metairie, La., for other interested parties.

Petition for Review of an Order of the Benefits Review Board (Louisiana Case).

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

JAMES C. HILL, Circuit Judge:

United Fruit Company, a self insured employer, presently appeals to this Court, seeking review of an order of the Benefits Review Board, United States Department of Labor. In that order, the Benefits Review Board reversed the order of the administrative law judge which rejected the claim for disability benefits of Herman Hoff, pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, as amended, 33 U.S.C.A. 901 et seq. (hereinafter referred to as the Act).

In its order, the Benefits Review Board held that the claimant Hoff was entitled to disability benefits. United Fruit Company seeks to appeal from that ruling. However, the order also remanded the case to the administrative law judge in order that the nature and extent of the claimant's disability and the possible liability of the special second injury fund could be determined.

The Director, Office of Workers' Compensation Programs, United States Department of Labor, has moved this Court to dismiss the petition of United Fruit Company for review of the order of the Benefits Review Board contending that a final order has not been rendered in the cause and hence the order is not reviewable under Section 21(c) of the Act. 33 U.S.C.A. § 921(c) (Supp. II 1972). We agree.

Section 21(c) of the Act, in pertinent part, provides as follows:

Any person adversely affected or aggrieved by a final order of the Board may obtain a review of that order in the United States court of appeals for the circuit in which the injury occurred, by filing in such court within sixty days following the issuance of such Board order a written petition praying that the order be modified or set aside. . . .

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14 cases
  • Newpark Shipbuilding & Repair, Inc. v. Roundtree
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 23 Enero 1984
    ...v. Director, Office of Workers' Compensation Programs, 590 F.2d 1267, 1268 (4th Cir.1978); United Fruit Company v. Director, Office of Workers' Compensation Programs, 546 F.2d 1224 (5th Cir.1977); and reported and unreported decisions therein cited. As stated in the seminal reported decisio......
  • Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor v. Eastern Coal Corp.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 18 Julio 1977
    ...Co. v. Director, 551 F.2d 1119 (8th Cir. 1977); Sea-Land Service, Inc. v. Director, 552 F.2d 985 (3d Cir. 1977); United Fruit Co. v. Director, 546 F.2d 1224 (5th Cir. 1977); State Ins. Fund v. Pesce, 548 F.2d 1112 (2d Cir. 1977); Maher Terminals, Inc. v. Farrell, 548 F.2d 476 (3d Cir. 1977)......
  • Ingalls Shipbuilding Div., Litton Systems, Inc. v. White
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 26 Julio 1982
    ...Benefits Review Board if the court finds that the Board's decision is not a final order. United Fruit Co. v. Director, Office of Workers' Compensation Programs, 546 F.2d 1224, 1225 (5th Cir. 1977). Like every rule, however, this principle of appellate jurisdiction has exceptions. National S......
  • Newpark Shipbuilding & Repair, Inc. v. Roundtree
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 22 Febrero 1983
    ...excludes from appellate review a remand order to an administrative agency. Id. at 108; United Fruit Co. v. Director, Office of Workers' Compensation Programs, 546 F.2d 1224, 1225 (5th Cir.1977). We believe, however, that the case before us is properly reviewable at this time even though the......
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