The decision to locate the refurbishing facility in Richmond was based upon a combination of economic and efficiency factors, and although that facility is 750 feet from the water, there is no direct access to the port. (Sentz) Hake, 69, died Wednesday, December 14, 2011 at her residence. Vladimir Motoviloff and Vernie Bennett, Real Parties in Interest, 692 F.2d 87 (9th Cir. It is therefore unnecessary to determine the "status" factor in this case. Vernie Lorene Bennett Shoemake. Philip Weltin, San Francisco, Cal., for Motoviloff. 1978) that while physical contiguity was not necessary to constitute an "adjoining area", there must be a "functional relationship". The ITV2 show took the band back to its beginning in 1992, and the making of Eternal which saw Louise Redknapp, 39, paired with sisters Easther, 41, and Vernie Bennett… Gordonsville, TN . 1. Norman A. Sauer, San Francisco, Cal., for Director, Office of Workers' Compensation Programs, et al. The Richmond facility shares a building, previously used for shipbuilding, with a non-maritime steel manufacturer. From Free Law Project, a 501(c)(3) non-profit. Section 3(a) of the Act, in part, provides: "Compensation shall be payable under this Act in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon navigable waters of the United States (including any adjoining pier, wharf, drydock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).3, The Richmond facility is not one of the sites enumerated in section 3(a), and does not qualify as an "adjoining area.". She is a founding member of R&B girl group Eternal, with her sister Easther Bennett is also a member. August 9, 2002. The Consolidated Appropriations Act (“CAA”), passed by Congress on December 21, 2020 and signed into law by President Trump on December 27, 2020, contains some long-hoped-for relief for employees who make contributions to health care flexible spending account plans … It is with deep sorrow that we announce the passing of Vernon Roy Durham — beloved son, brother, uncle, nephew, cousin and social butterfly — in the early morning hours of Dec. 26, 2020. After the split, Vernie stepped out of the limelight and went back to university to finish studying law and has since become a practising lawyer. The ALJ concluded that claimants were engaged in "maritime employment" and thus met the Act's "status" requirement (section 2(3)); but because the Richmond facility was not an "adjoining area" (i.e. Here is Bobby Floerke’s obituary. All "refurbishment" takes place at the Richmond facility, operated by Matson since early 1978. The Richmond facility shares a building, previously used for shipbuilding, with a non-maritime steel manufacturer. The containers are subject to repair or maintenance by mechanics, those with visible damage being repaired within the terminal area and immediately returned to use. Gordonsville, TN . Vernie Bennett was born on May 17, 1971. Section 3(a) of the Act, in part, provides: "Compensation shall be payable under this Act in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon navigable waters of the United States (including any adjoining pier, wharf, drydock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).3, The Richmond facility is not one of the sites enumerated in section 3(a), and does not qualify as an "adjoining area.". Subscribe to Justia's Free Summaries Containers are also subject to regularly scheduled "refurbishment" which includes replacing worn out parts, painting, and cleaning and any necessary repairs. As a family friend observed, “he is now a true Christmas angel.” Vernie was born in Helena on March 6, 1954, … Vernon Roy … "Vernie" Bennett (born 17 May 1971) is an English singer. Mechanics working at the terminal are set apart from the mechanics at the Richmond facility, having separate functions, payrolls, and budgets. He was born on May 22, 1956 in Cleveland, Ohio to the late Dick and Frieda (Diglis) Patterson. At Last: Flexible Spending Account Plan Carryovers. She is a founding member of R&B girl group Eternal, of which her sister Easther Bennett is also a member.. Eternal. POOLE, Circuit Judge. Eternal were formed in 1992 and originally consisted of the Bennett sisters, Kéllé Bryan, and Louise Redknapp.They became a trio in 1995 … Sign up to receive the Free Law Project newsletter with tips and announcements. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Among factors to be considered in determining such relationship4 are (1) the particular suitability of the site for maritime uses; (2) whether adjoining properties are devoted primarily to uses in maritime commerce; (3) the proximity to the waterway; and (4) whether the adjoining site is as close to the waterway as feasible. Especially lead singer Easther Bennet. "Vernie" Bennett (born 17 May 1971) is an English singer. Mechanics working at the terminal are set apart from the mechanics at the Richmond facility, having separate functions, payrolls, and budgets. Background details that you might want to know about Vernie include: ethnicity is … The Honorable Barbara J. Rothstein, United States District Judge for the Western District of Washington, sitting by designation, Matson is a wholly owned subsidiary of Matson Navigation Company. Vladimir MOTOVILOFF and Vernie Bennett, Petitioners,v.DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S.DEPARTMENT OF LABOR, et al., Respondents.MATSON TERMINALS, INC., Petitioner,v.DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S.DEPARTMENT OF LABOR, et al., Respondents,v.Vladimir MOTOVILOFF and Vernie Bennett, Real Parties in Interest. CourtListener is sponsored by the non-profit Free Law Project. It is located approximately 12 miles from Matson's facility in Oakland. Argued and Submitted Sept. 15, 1982.Decided Nov. 9, 1982. Before MERRILL and POOLE, Circuit Judges, and ROTHSTEIN* , District Judge. We held in Brady-Hamilton Co. v. Herron, 568 F.2d 137 (9th Cir. The Board affirmed both determinations. Mechanics at the Richmond facility work there exclusively. Matson operates dockside terminals along the west coast of the United States receiving, loading and unloading for Matson Navigation Company vessels (Matson Navigation) cargo most of which at the Oakland facility is shipped in metal containers. And since coverage under the Act requires meeting both the "status" and the "situs" requirements, it is not necessary at this time to review the correctness of the Board's ruling as to "status.". It is located approximately 12 miles from Matson's facility in Oakland. A band that went from 4 members, to 3, then to 2. The band was formed in 1991 and released their first single ‘Stay’ in 1993 which achieved their first top ten hit in the UK and their … Eternal was a British R&B girl group formed in 1992 with the line-up consisting of Easther Bennett and her older sister Vernie Bennett, with Kéllé Bryan and her friend and classmate Louise Nurding (now known as Louise Redknapp), who were also recruited into the group by the label. It is with great sadness that we announce the death of Bobby Floerke of Taft, Texas, who passed away on December 24, 2020, at the age of 87, leaving to mourn family and friends. The ALJ concluded that claimants were engaged in "maritime employment" and thus met the Act's "status" requirement (section 2(3)); but because the Richmond facility was not an "adjoining area" (i.e. Its marine proximity was not important. Vernie Bennett While survival rates for many cancers have improved dramatically the outlook for those facing lung cancer remains bleak. All "refurbishment" takes place at the Richmond facility, operated by Matson since early 1978. David J. Patterson, age 64, of Howard passed away unexpectedly on Wednesday, December 23, 2020 at the Knox Community Hospital. An area may be an "adjoining area" even if not physically contiguous to navigable waters if it bears a "functional relationship" to an activity on navigable waters. Under these circumstances we agree with the Board's conclusion and affirm as to the lack of "situs". United States Court of Appeals,Ninth Circuit. adjoining navigable waters), the Act's "situs" requirement (section 3(a)) was not satisfied. Before MERRILL and POOLE, Circuit Judges, and ROTHSTEIN*, District Judge. 1. Vernice also answers to Vernice D Benett, Vernice D Binion, Vernice Lasiter, Vernice D Bennett and Vernice D Lasiter, and perhaps a couple of … Eternal was a British R&B girl group formed in 1992 with the line-up consisting of Easther Bennett and her older sister Vernie Bennett, with Kéllé Bryan and her friend and classmate Louise Nurding (now known as Louise Redknapp), who were also recruited into the group by the label.The group became an international success, … Vladimir Motoviloff and Vernie Bennett, Real Parties in Interest, 692 F.2d 87 (9th Cir. Summary: Vernice Bennett is 75 years old today because Vernice's birthday is on 12/13/1944. In 1999, she told The Daily Record that when Louise left, she was frozen out by the sisters, Vernie and Easther Bennett, and was fired by the sisters’ solicitor, apparently by fax. We affirm the Board's ruling that the "situs" requirement has not been shown. Its marine proximity was not important. In August 2010, she signed with ASM Artist Management. 1982) Argued and Submitted Sept. 15, 1982. She currently lives in London with her husband and their two children. Login to add information, pictures and relationships, join in discussions and get credit for your contributions. This is an appeal by Vladimir Motoviloff and Vernie Bennett (claimants), injured in unrelated accidents while working as mechanics for Matson Terminals, Inc. (Matson)1 at Matson's container Refurbishing Facility in Richmond, California (the Richmond facility), from a Decision and Order of the Benefits Review Board (Board) upholding the denial by Administrative Law … August 9, 2002. 1982) Court of Appeals for the Ninth Circuit Nov. 9, 1982 Also cited by 3 other opinions Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements. Norman A. Sauer, San Francisco, Cal., for Director, Office of Workers' Compensation Programs, et al. Help us build our profile of Vernie Bennett! Mechanics at the Richmond facility work there exclusively. And since coverage under the Act requires meeting both the "status" and the "situs" requirements, it is not necessary at this time to review the correctness of the Board's ruling as to "status.". The couple celebrated their 53rd wedding anniversary on March 8th. A Sadly the duo of Easther and Vernie Bennett didn't work out despite the album that they relesased being the best they did, I guess their name was tarnished in the UK. Editorial use only. Bobby Floerke Obituary. Find a Grave, database and images (https://www.findagrave.com: accessed ), memorial page for Vernie Evaline Bennett Callantine (4 Jun 1905–25 Sep 2010), Find a Grave Memorial no. In 2006, she gave birth to her first child. Vernie Bennett, Self: The Big Reunion. Opinion for Vladimir Motoviloff and Vernie Bennett v. Director, Office of Workers' Compensation Programs,..., 692 F.2d 87 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. It is therefore unnecessary to determine the "status" factor in this case. Before moving to Vernice's current city of Madera, CA, Vernice lived in Fresno CA and Clovis CA. Refurbishment does not require a site particularly suited for maritime uses; and the actual choice of site here was largely governed by economic factors of cost and transportation. This is an appeal by Vladimir Motoviloff and Vernie Bennett (claimants), injured in unrelated accidents while working as mechanics for Matson Terminals, Inc. (Matson)1  at Matson's container Refurbishing Facility in Richmond, California (the Richmond facility), from a Decision and Order of the Benefits Review Board (Board) upholding the denial by Administrative Law Judge Halpern (ALJ) of their claim for benefits under the Longshoremen's and Harbor Workers' Compensation Act (Act).2  On the basis that claimants' injuries did not occur on a proper "maritime situs" Matson cross appeals from that portion of the decision of the Board which affirmed the ALJ's finding that claimants were "person [s] engaged in longshoring operations.". Containers are also subject to regularly scheduled "refurbishment" which includes replacing worn out parts, painting, and cleaning and any necessary repairs. November 9th, 1982, Precedential Status: She began singing with her sister, Easther, in a gospel choir. Vernie Bennett is a member of the following lists: 1971 births, English people of Jamaican descent and English female singers.. 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