United States Ninth Circuit
GILLILAND v. E.J. BARTELLS, CO., INC., 00-70585
Under the Longshore & Harbor Worker's Compensation Act, an employer may offset its payments to an employee by the actual amount the employee received in a third-party tort recovery that includes periodic payments funded by an annuity contract rather than the present value.
Appellate Information
- Decided 10/16/2001
- Published 10/16/2001
Judges
- GRABER, Circuit Judge:, Before: THOMPSON, TASHIMA and GRABER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Meagan A. Flynn, Preston, Bunnell & Stone, LLP, Portland, Oregon, for the petitioner.
- For Appellees:
- Dennis R. VavRosky, VavRosky, MacColl, Olson & Pfeifer, P.C., Portland, Oregon; Samuel J. Oshinsky and Andrew D. Auerbauch, United States Department of Labor, Washingon, D.C., for the respondents.