SEA-LAND SERV. v. DIRECTOR, O. OF W. C. P., ETC.

Nos. 76-1033, 76-1626.

552 F.2d 985 (1977)

SEA-LAND SERVICE, INC., and the Travelers Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Seledonio Suarez, Respondents. SEA-LAND SERVICE, INC. and Travelers Insurance Company, Petitioners, v. The DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Frank Cappelluti, Respondents.

United States Court of Appeals, Third Circuit.

Argued October 8, 1976.

Decided March 17, 1977.


Attorney(s) appearing for the Case

M. E. DeOrchis, and Brian D. Starer, Haight, Gardner, Poor & Havens, New York City, for petitioners.

Angelo C. Gucciardo, Israel, Adler, Ronca & Gucciardo, New York City, for respondent Suarez in No. 76-1033.

William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Solicitor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs in Nos. 76-1033 and 76-1626.

Linda L. Carroll, U.S. Dept. of Labor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs in No. 76-1033.

Harry L. Sheinfeld, U.S. Dept. of Labor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs in No. 76-1626.

Thomas W. Gleason, New York City, for amicus curiae, International Longshoremen's Association, AFL-CIO.

Warren C. Farrell, Hackensack, N.J., for respondent Cappelluti.

Before VAN DUSEN and ROSENN, Circuit Judges, and CAHN, District Judge.


No. 76-1033 Argued October 7, 1976.

No. 76-1626 Argued October 8, 1976.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These are petitions by an employer and its compensation carrier to review orders1 of the Benefits Review Board (Board) affirming two decisions of administrative law judges which found that the injured employees, Seledonio Suarez and Frank Cappelluti,...

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