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PUIG v. STANDARD DREDGING CORP.

No. 78-1147.

599 F.2d 467 (1979)

Esther Arvelo PUIG, etc., Claimant-Respondent, v. STANDARD DREDGING CORPORATION and Travelers Insurance Company, 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 May 31, 1979.

Attorney(s) appearing for the Case

Amancio Arias Guardiola, Santurca, P. R., for petitioners.

Gabriel Hernandez Rivera, San Juan, P. R., with whom Feldstein, Gelpi, Hernandez & Castillo, San Juan, P. R., was on brief, for claimant-respondent.

Joshua T. Gillelan, II, Washington, D. C., with whom Carin Ann Clauss, Sol. of Labor, Cornelius S. Donoghue, Jr., Acting Associate Sol., and Linda L. Carroll, Atty., U. S. Dept. of Labor, Washington, D. C., were on brief, for Director, Office of Workers' Compensation Programs, party-in-interest.

Before CAMPBELL and BOWNES, Circuit Judges, JAMESON, District Judge.

BOWNES, Circuit Judge.

The sole issue presented by this appeal is whether the construction given to the 1972 amendment of section 9 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 909, by the Benefits' Review Board is constitutional. Our jurisdiction stems from 33 U.S.C. § 921(c) as extended to the Defense Base Act, 42 U.S.C. § 1651(a).

The facts are uncontroverted. Juan Gilbert Moret, the decedent, was permanently and...

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