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BATH IRON WORKS CORP. v. GALEN

No. 79-1153.

605 F.2d 583 (1979)

BATH IRON WORKS CORPORATION and Commercial Union Assurance Company, Employer/Carrier, Petitioners, v. James P. GALEN, Claimant, Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party in Interest.

United States Court of Appeals, First Circuit.

Decided September 18, 1979.

Attorney(s) appearing for the Case

Robert F. Hanson, Stephen Hessert and Norman & Hanson, Portland, Me., on brief for petitioners.

Jonathan W. Reitman and McTeague, Higbee & Tierney, Brunswick, Me., on brief for James P. Galen, respondent.

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., and Mary A. Sheehan, Atty., U. S. Dept. of Labor, Washington, D. C., on brief for Director, Office of Workers' Compensation Programs, United States Dept. of Labor, respondent.

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

COFFIN, Chief Judge.

The sole issue presented on this appeal is whether respondent, a disability benefits claimant under the Longshoremen and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq., gave timely notice of a back injury to his employer. The requirement that an injured employee give notice to his employer of work related injury is stated at 33 U.S.C. § 912(a):

"Notice of an injury or death . . . shall be given within thirty...

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