DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,
v.
BRANDT AIRFLEX CORPORATION and U. S. Fire Insurance Company and John F. Delinski, Respondents.
John F. DELINSKI, Petitioner,
v.
BRANDT AIRFLEX CORPORATION, Employer/Respondent, and
U. S. Fire Insurance Company, Carrier/Respondent, and
Director, Office of Workers' Compensation Programs, Respondent.
BRANDT AIRFLEX CORPORATION, Employer, and U. S. Fire Insurance Company, Carrier, Petitioners,
v.
John F. DELINSKI, Claimant, Respondent and
Director, Office of Workers' Compensation Programs, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 22, 1980.
Decided February 26, 1981.
Attorney(s) appearing for the Case
Joshua T. Gillelan, Atty., Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs, Petitioner in No. 78-2309 and Respondent in Nos. 78-2314 and 78-2315. Cornelius S. Donoghue, Jr., Acting Associate Sol., and Mary A. Sheehan, Atty., Dept. of Labor, Washington, D. C., were on the brief for Petitioner in No. 78-2309 and Respondent in Nos. 78-2314 and 78-2315. Gilbert T. Renaut, Atty., Dept. of Labor, Washington, D. C., also entered an appearance for Director, Office of Workers' Compensation Programs, Petitioner in No. 78-2309 and Respondent in Nos. 78-2314 and 78-2315.
James F. Green, Washington, D. C., with whom James A. Mannino, Washington, D. C., was on the brief, for Delinski, Petitioner in No. 78-2314 and Respondent in Nos. 78-2309 and 78-2315.
Gerald Herz, Washington, D. C., with whom Jeffrey W. Ochsman, Rockville, Md., was on the brief, for Brandt Airflex Corp. and U. S. Fire Ins. Co., Respondents in No. 78-2309 and 78-2314 and Cross-Petitioners in No. 78-2315.
Before ROBINSON, MacKINNON and MIKVA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
John F. Delinski (Delinski), now deceased,1 was a sheet metal worker hired by Brandt Airflex Corporation (Brandt) in September 1974 to assist in the construction of an office building in Washington, D.C. On December 13, 1974, Delinski arrived at the job site and proceeded to climb the stairs leading to the ninth floor where he was working. The elevators had...
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