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PITTSTON STEVEDORING CORP. v. DELLAVENTURA

Nos. 1004, 1014, 1044, 1111, Dockets 76-4042, 76-4009, 76-4043 and 76-4249.

544 F.2d 35 (1976)

PITTSTON STEVEDORING CORPORATION and the Home Insurance Company, Petitioners, v. Anthony DELLAVENTURA, and DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondents. NORTHEAST MARINE TERMINAL COMPANY, INC., Employer, and State Insurance Fund, Carrier, Petitioners, v. Ralph CAPUTO, Claimant, and Director, Office of Workers' Compensation Programs, U.S.D.L., Respondents. PITTSTON STEVEDORING CORPORATION, Petitioner, v. John SCAFFIDI and Director, Office of Workers' Compensation Programs, U.S.D.L., Respondents. INTERNATIONAL TERMINAL OPERATING COMPANY, INC., Self-Insured Employer-Petitioner, v. Carmelo BLUNDO, Claimant, and Director, Office of Workers' Compensation Programs, U.S.D.L., Respondents.

United States Court of Appeals, Second Circuit.

Decided July 1, 1976.

Certiorari Granted December 6, 1976.

Attorney(s) appearing for the Case

Joseph F. Manes, Croton-on-Hudson, N.Y., for Pittston Stevedoring Corp. and The Home Ins. Co.

William M. Kimball, New York City (Burlingham, Underwood & Lord, New York City, of counsel), for Northeast Marine Terminal Co. and State Ins. Fund.

Leonard J. Linden, New York City (Linden & Gallagher, New York City, of counsel), for International Terminal Operating Co., Inc.

Angelo C. Gucciardo, New York City (Israel, Adler, Ronca & Gucciardo, New York City, of counsel), for respondents Dellaventura, Caputo, Scaffidi and Blundo.

Ronald E. Meisburg, U.S. Dept. of Labor, Washington, D.C. (William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Sol., Jean S. Cooper, Esq., and Francine K. Weiss, Dept. of Labor, Washington, D.C. of counsel), for Director, Office of Workers' Compensation Programs.

Thomas W. Gleason, Jr., New York City (Irwin Herschlag, New York City, of counsel), for International Longshoremen's Association, AFL-CIO, amicus curiae.

Thomas D. Wilcox, Washington, D.C., for National Association of Stevedores, amicus curiae.

Before LUMBARD, FRIENDLY and OAKES, Circuit Judges.

FRIENDLY, Circuit Judge:

We have here four petitions under 33 U.S.C. § 921(c) by employers, in some instances joined by their insurance carriers, to review orders of the Benefits Review Board (BRB) affirming compensation awards made to four employees under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), as amended in 1972, 33 U.S.C. §§ 901 et seq.1 They present a

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