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DIRECTOR, OFF. OF WORKERS' COMP. PROGRAMS v. CARGILL

No. 81-7522.

718 F.2d 886 (1983)

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

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1982.

Argued May 11, 1983.

Remanded July 1, 1983.

Decided October 18, 1983.

As Amended on Denial of Rehearing November 21, 1983.

Attorney(s) appearing for the Case

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

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

Before: KILKENNY, SNEED and SKOPIL, Circuit Judges.

Argued In Banc May 11, 1983.

Remanded to Panel July 1, 1983.

KILKENNY, Circuit Judge:

PROCEDURAL BACKGROUND

The Director of the Office of Workers' Compensation Program (Director) petitioned for review of a Benefits Review Board (Board) decision, 33 U.S.C. § 921(c), which affirmed the findings of the administrative law judge (ALJ) that claimant was totally disabled and eligible for benefits but reversed findings that the employer, Cargill...

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