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HILYER v. MORRISON-KNUDSEN CONST. CO.

Nos. 80-1388, 80-1440 and 80-1504.

670 F.2d 208 (1981)

Sonia HILYER (Widow of James H. Hilyer), Petitioner, v. MORRISON-KNUDSEN CONSTRUCTION COMPANY and Argonaut Insurance Company, Respondents. MORRISON-KNUDSEN CONSTRUCTION COMPANY and Argonaut Insurance Company, Petitioners, v. Sonia HILYER (Widow of James H. Hilyer), Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. MORRISON-KNUDSEN CONSTRUCTION COMPANY and Argonaut Insurance Company, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Catherine A. Giacona, Atty., Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs, Dept. of Labor, petitioner in No. 80-1504. Joshua T. Gillelan, II, Atty., Dept. of Labor, Washington, D. C., also entered an appearance for Director, Office of Workers' Compensation Programs, Dept. of Labor.

Richard W. Galiher, Jr., Washington, D. C., for Morrison-Knudsen Const. Co., et al., petitioners in No. 80-1440 and respondents in No. 80-1504.

George S. Leonard, Washington, D. C., for Sonia Hilyer, cross-respondent in No. 80-1440 and petitioner in No. 80-1388.

Before ROBINSON, Chief Judge, SWYGERT, Senior Judge, and ROBB, Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SWYGERT.

SWYGERT, Senior Circuit Judge:

In these consolidated appeals we are asked to review a final order of the Benefits Review Board of the United States Department of Labor. The case presents a question of first impression concerning construction of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq. (1976), as extended by the District of Columbia Workmen...

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