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PROLERIZED NEW ENG. CO. v. BEN. REV. BD.

No. 80-1086.

637 F.2d 30 (1980)

PROLERIZED NEW ENGLAND COMPANY, Employer-Petitioner, and Hartford Accident and Indemnity Company, Carrier-Petitioner, v. BENEFITS REVIEW BOARD, United States Department of Labor, Respondent. Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent, and Richard F. McNeil, Claimant-Respondent.

United States Court of Appeals, First Circuit.

Decided December 23, 1980.

Attorney(s) appearing for the Case

David M. Mandel, New York City, with whom Richard P. Ward, Boston, Mass., Ropes & Gray, Timothy F. Nevils, and Sullivan & Cronin, Boston, Mass., were on joint brief, for petitioners.

Mark C. Walters, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol. and Gilbert T. Renaut, Atty., U. S. Dept. of Labor, Washington, D. C., were on brief, for Federal respondent.

David M. Wright, Jacob M. Atwood, and Atwood & Wright, Boston, Mass., on brief for claimant-respondent, Richard F. McNeil.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

COFFIN, Chief Judge.

Prolerized New England Company and its compensation carrier petition for review of a decision of the Benefits Review Board, awarding claimant Richard F. McNeil disability benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-50 (LHWCA or the Act). McNeil became totally disabled as a result of injuries suffered in a fall while employed at Prolerized. The Board based its award on the necessary twin findings...

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