GARDNER v. DIRECTOR, OFFICE OF WORKERS', ETC.

Nos. 80-1021, 80-1085.

640 F.2d 1385 (1981)

Kenneth M. GARDNER, Sr., Petitioner, v. The DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents, v. BATH IRON WORKS CORPORATION and Commercial Union Insurance Companies, Respondents. BATH IRON WORKS CORPORATION and Commercial Union Insurance Companies, Petitioners, v. The DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents, v. Kenneth M. GARDNER, Sr., Respondents.

United States Court of Appeals, First Circuit.

Decided February 11, 1981.


Attorney(s) appearing for the Case

Stephen Hessert, Gorham, Maine, with whom Norman & Hanson, Portland, Maine, was on brief, for Bath Iron Works Corp. and Commercial Union Ins. Companies.

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

Jonathan W. Reitman, Brunswick, Me., with whom McTeague, Higbee & Tierney, Brunswick, Me., were on brief, for claimant-petitioner.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and CAFFREY, District Judge.


CAFFREY, District Judge.

These cross-appeals arise from a dispute between Kenneth Gardner and Bath Iron Works Corporation (hereinafter Bath) over Mr. Gardner's claim that he is entitled to disability compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (hereinafter the Act).

Mr. Gardner originally filed his claim for compensation under the Act in February 1975. He alleged that the conditions of his...

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