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TRI-STATE TERMINALS, INC. v. JESSE

Nos. 78-1014, 78-1816.

596 F.2d 752 (1979)

TRI-STATE TERMINALS, INC. and Liberty Mutual Insurance Company, Petitioners, v. Fred JESSE and Benefits Review Board, United States Department of Labor, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. TRI-STATE TERMINALS, INC. and Liberty Mutual Insurance Company, Petitioners, v. George BARBER and Benefits Review Board, United States Department of Labor, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Timothy J. Walsh, South Bend, Ind., for petitioners.

Mark C. Walters, Dept. of Labor, Washington, D.C., for respondents.

Before CUMMINGS, LAY and WOOD, Circuit Judges.

LAY, Circuit Judge.

Tri-State Terminals, Inc. has filed separate petitions for review from two decisions of the Benefits Review Board, United States Department of Labor, which granted claimants Barber and Jesse compensation for injuries suffered while working as longshoremen. Tri-State concedes that claimants suffered work-related injuries compensable under the Longshoremen's and Harbor Workers' Compensation Act, but challenges the Board's method of computing compensation...

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