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E.P. Paup Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor

999 F.2d 1341 (1993)

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E.P. Paup Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

United States Court of Appeals for the Ninth Circuit
999 F.2d 1341 (1993)

Facts

Arthur McDougall injured his back while working for E.P. Paup Company (employer) (plaintiff), and the parties stipulated that McDougall was permanently and totally disabled. McDougall sought workers’-compensation benefits under Washington state law and the federal Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). The state paid McDougall’s medical expenses and benefits until learning that LHWCA benefits had also been awarded. After the parties stipulated that McDougall’s medical expenses for the back injury were covered under the LHWCA, the administrative-law judge (ALJ) ordered the employer’s federal workers’-compensation carrier to reimburse the state for benefits the state had paid to McDougall. The ALJ also rejected the carrier’s argument that the carrier was entitled to an offset from the special fund of the Director, Office of Workers’ Compensation Programs (director) (defendant). The benefits review board (board) affirmed, and both the carrier and the director appealed. The director argued that the state law was inapplicable, and the carrier argued that the LHWCA preempted the state law.

Rule of Law

Issue

Holding and Reasoning (Skopil, J.)

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