STOCKMAN v. JOHN T. CLARK & SON OF BOSTON

No. 75-1360.

539 F.2d 264 (1976)

John A. STOCKMAN, Claimant, Respondent, v. JOHN T. CLARK & SON OF BOSTON, INC., and American Mutual Liability Inc. Co., Employer/Carrier, Petitioners, Director, Office of Workers' Compensation Programs, United States Department of Labor, Party in Interest.

United States Court of Appeals, First Circuit.

Decided July 27, 1976.


Attorney(s) appearing for the Case

George O. Driscoll, Chestnut Hill, Mass., for petitioners.

Joseph P. Flannery, Boston, Mass., with whom Joseph G. Abromovitz and Kaplan, Latti & Flannery, Boston, Mass., were on brief, for John A. Stockman, respondent.

Linda L. Carroll, Atty., U. S. Dept. of Labor, with whom William J. Kilberg, Sol. of Labor, and Laurie M. Streeter, Associate Sol., Washington, D. C., were on brief, for Director, Office of Workers' Compensation Programs, party in interest.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

This petition for review, brought by an employer and its compensation carrier, raises a difficult question of interpreting the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act (the Act). 33 U.S.C. § 901 et seq.

Working on the Boston waterfront for his employer, John T. Clark & Son of Boston, Inc. (Clark), John A. Stockman sustained an inguinal hernia on October 1, 1973, while removing the...

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