# Ins Co. of the State of PA v. Dir, Off of W

> Court of Appeals for the Fifth Circuit · February 15, 2013 · 713 F.3d 779

URL: https://www.frixlaw.com/law-library/cases/9502768

## Case

- **Full name:** INSURANCE COMPANY OF the STATE OF PENNSYLVANIA; Service Employees International, Incorporated, Plaintiffs-Appellants v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; Glen Vickers, Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 15, 2013
- **Citations:** 713 F.3d 779; 2013 U.S. App. LEXIS 3293; 2013 WL 1662850
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Graves
- **Judges:** King, Southwick, Graves
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9502768

## How later opinions describe it (automated extraction)

- noting that although the panel was bound to follow circuit precedent, he agreed with Judge Reavley that “the Am-erada Hess majority erred in finding that the presumption created by § 20(a) of the [Act] is inapplicable to a ‘secondary’ injury or an injury not expressly listed o…

## Opinion text

JAMES E. GRAVES, JR., Circuit Judge,
concurring.
I agree with the majority that Amerada Hess mandates reversal. Nevertheless, I believe the Amerada Hess majority erred in finding that the presumption created by § 20(a) of the LHWCA is inapplicable to a “secondary” injury or an injury not expressly listed on the original claim form. In that connection, I find Judge Reavley’s concurrence persuasive. See Amerada Hess Corp. v. Dir., OWCP, 543 F.3d 755, 764-66 (5th Cir.2008) (Reavley, J., concurring) (noting that, for purposes of the § 20(a) presumption, because worker’s in *787 jury listed on original claim form arose out of his employment, “any injury resulting from treatment for that injury should also be presumed to have arisen out of the employment and the primary injury.”).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9502768. Public record. Not legal advice.