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GENERAL DYNAMICS CORP. v. DIRECTOR, ETC.

No. 81-1563.

673 F.2d 23 (1982)

GENERAL DYNAMICS CORPORATION and Insurance Company of North America, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Maryetta Woodberry, Respondents.

United States Court of Appeals, First Circuit.

Decided March 19, 1982.

Attorney(s) appearing for the Case

Cynthia J. Cohen, Boston, Mass., with whom Philander S. Ratzkoff, James F. Fitzgerald, Jr., J. Drew Yanno and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for petitioners.

Marianne Demetral Smith, Atty., U. S. Dept. of Labor, Washington, D. C., with whom T. Timothy Ryan, Jr., Sol. of Labor, and Donald S. Shire, Associate Sol., Washington, D. C., were on brief, for respondent, Director, Office of Workers' Compensation Programs.

Before COFFIN, Chief Judge, TIMBERS and BREYER, Circuit Judges.

PER CURIAM.

Petitioners challenge the decision of the Benefits Review Board which held that petitioners could not rely upon § 8(f) of the Longshoremen's and Harborworkers' Compensation Act ("the Act"), 33 U.S.C. § 908(f) (1976), to limit their liability for disability payments. The Board held that the claim was untimely. We hold that the decision of the Board was correct. We affirm the order of the Board and deny the petition for review.

I.

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