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RILEY v. U.S. INDUS./FED. SHEET METAL, INC.

No. 79-1417.

627 F.2d 455 (1980)

Ralph RILEY, Petitioner, v. U.S. INDUSTRIES/FEDERAL SHEET METAL, INC. and Insurance Company of North America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1980.

Rehearing Denied July 3, 1980.

Attorney(s) appearing for the Case

James F. Green, Washington, D.C., with whom Joseph H. Koonz, Jr. and James A. Mannino, Washington, D.C., were on brief, for petitioner.

Richard W. Galiher, Jr., Washington, D.C., for respondents.

Gilbert T. Renaut, Washington, D.C., was on brief, for Director, Office of Workers' Compensation Programs, United States Dept. of Labor, intervenor, urging reversal.

Before WILKEY, WALD and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

This appeal from a decision of the Benefits Review Board raises questions concerning the scope of the statutory presumption of compensability contained in the Longshoremen's and Harbor Workers' Compensation Act (the "Act").1 At the initial hearing in this case before the administrative law judge ("ALJ"), petitioner's claim for compensation was denied...

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