DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PETITIONER,
v.
ROBERT L. HAMILTON, CROWDER CONSTRUCTION AND AETNA CASUALTY AND SURETY COMPANY, RESPONDENTS
DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PETITIONER,
ROBERT L. HAMILTON, CROWDER CONSTRUCTION AND AETNA CASUALTY AND SURETY COMPANY, RESPONDENTS
890 F.2d 1143
Court of Appeals for the Eleventh Circuit (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM:
The decision in this case is governed by binding precedent of the former Fifth Circuit: Holliday v. Todd Shipyards Corp., 654 F. 2d 415 (5th Cir. Unit A 1981).* The Director, in his brief, acknowledges such, and, further, that we must affirm the decision of the Benefits Review Board unless this court, sitting en banc, overrules Holli-day. The Board’s decision is affirmed, without prejudice to the Director’s right to petition the court for rehearing en banc.
AFFIRMED.
*
In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc), this court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lozada v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, & Gen. Dynamics Corp., 903 F.2d 168 (2d Cir. 1990)…tal disability. There is presently a split in the circuits on the second issue. Compare Phillips v. Marine Concrete Structures, Inc., 895 F. 2d 1033 (5th [*170] Cir.1990) (in banc) with Director, Office of Workers’ Compensation Programs v. Hamilton, 890 F. 2d 1143 (11th Cir.1989) (petition for rehearing in banc pending). We write to make clear our views on this second issue, which has circuit-wide significance. Accordingly, we first address the question whether a claimant is entitled to have his compensati…
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Se. Mar. Co. v. Brown, 121 F.3d 648 (11th Cir. 1997)…eriod of a claimant’s permanent total disability. Our holding in Holliday, however, has been reaffirmed by the Eleventh Circuit subsequent to the circuit split. See Director, Office of Workers’ Compensation Programs, U.S. Dept, of Labor v. Hamilton, 890 F. 2d 1143 (11th Cir.1989) (“[W]e must affirm the decision of the Benefits Review Board unless this court, sitting en banc, overrules Holliday.”). Notwithstanding petitioners’ arguments regarding the wisdom of Holliday or the singularity of its holding relat…
Authorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- Holliday v. Todd Shipyards Corp., 654 F.2d 415 (5th Cir. 1981)