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INSURANCE CO. OF NORTH AMERICA v. GEE

No. 756, Docket 82-4159.

702 F.2d 411 (1983)

The INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. Beatrice GEE [Widow of John I. Gee] and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided March 14, 1983.

Attorney(s) appearing for the Case

Richard N. Curtin, Boston, Mass. (Parker, Coulter, Daley & White, Boston, Mass., of counsel), for petitioner.

Mark C. Walters, Office of Workers' Compensation Programs, U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Janet R. Dunlop, U.S. Dept. of Labor, Washington, D.C., of counsel), for respondent, Director, Office of Workers' Compensation Programs.

Stephen C. Embry, Groton, Conn. (O'Brien, Shafner, Bartinik, Stuart & Kelly, Groton, Conn., of counsel), for respondent Beatrice Gee.

Before MANSFIELD and MESKILL, Circuit Judges, and NEAHER, District Judge.

MESKILL, Circuit Judge:

On November 19, 1981, an Administrative Law Judge (ALJ) ordered The Insurance Company of North America (INA) to pay disability and death benefits to Beatrice Gee, widow of John Gee, pursuant to the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 (1976 & Supp. II 1978). INA's appeal to the Benefits Review Board (Board) of the United States Department of Labor was dismissed as untimely. INA brings...

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