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DIR., OFF. OF WKRS.' COMP. PROG., ETC. v. CARGILL

No. 81-7522.

709 F.2d 616 (1983)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CARGILL, INC. and Northwest National Insurance Co., Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1983.

Attorney(s) appearing for the Case

Janet R. Dunlop, Cornelius S. Donoghue, Jr., Washington, D.C., for petitioner.

Robert E. Babcock, Lindsay, Hart, Neil & Weigler, Portland, Or., for respondents.

Before BROWNING, SNEED, HUG, SKOPIL, FLETCHER, PREGERSON, ALARCON, FERGUSON, CANBY, BOOCHEVER, NORRIS, Circuit Judges.

CANBY, Circuit Judge:

This case raises an important question concerning the scope of § 8(f) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 908(f) (1976). Section 8(f) is intended to encourage the employment of handicapped workers by permitting an employer to avoid paying full compensation if the handicapped worker sustains an injury that would not have resulted in as great a disability if the worker had not been handicapped. The...

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