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PROLERIZED NEW ENGLAND CO. v. MILLER

No. 82-1209.

691 F.2d 45 (1982)

PROLERIZED NEW ENGLAND COMPANY, and CNA Insurance Company, Petitioners, v. Calvin D. MILLER, Benefits Review Board, United States Department of Labor, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided October 12, 1982.

Attorney(s) appearing for the Case

David M. Mandel, Boston, Mass., with whom Richard P. Ward, Ropes & Gray, Terrance J. Hamilton, and Chaplin, Casner & Edwards, Boston, Mass., were on brief, for petitioners.

Joshua T. Gillelan, II, 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 DAVIS, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This is a proceeding brought by Prolerized New England Company and CNA Insurance Company (hereinafter jointly Prolerized) pursuant to 33 U.S.C. § 921(c) of the Longshoremen's and Harbor Workers' Compensation Act (the Act) to review a decision of the Benefits Review Board, Miller v. Prolerized New England Co., 14 Ben.Rev.Bd.Serv. (MB) 811 (1981). The Board's decision affirmed the administrative law judge's (ALJ) finding that the claimant...

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