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TODD SHIPYARDS CORP. v. ALLAN

No. 80-7511.

666 F.2d 399 (1982)

TODD SHIPYARDS CORPORATION & the Travelers Insurance Company, Petitioners, v. Norman C. ALLAN, Respondent. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1982.

Rehearing and Rehearing Denied March 25, 1982.

Attorney(s) appearing for the Case

Robert H. Madden, Detels, Draper & Marinkovich, Seattle, Wash., for petitioners.

Robert D. Duggan, Seattle, Wash., argued, William J. Van Natter, Bothell, Wash., Levinson, Friedman, Vhugen, Duggan, Bland & Horowitz, Seattle, Wash., on brief, for Allan.

Before KILKENNY and GOODWIN, Circuit Judges, and TANNER, District Judge.

Rehearing and Rehearing En Banc Denied March 25, 1982.

GOODWIN, Circuit Judge.

Todd Shipyards appeals from a Benefits Review Board order affirming an award of 25 per cent permanent partial disability pursuant to §§ 8(c)(21) and 8(h) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 908(c)(21) and 908(h).

The dispositive issues are: (1) whether the Board erred in reversing the administrative law judge's initial finding...

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