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TRANS-STATE DREDGING v. BENEFITS REVIEW BD.

No. 83-1234.

731 F.2d 199 (1984)

TRANS-STATE DREDGING and Hartford Accident and Indemnity Company, Petitioners, v. BENEFITS REVIEW BOARD, U.S. Department of Labor and David E. Tarner, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1984.

Rehearing and Rehearing Denied July 9, 1984.

Attorney(s) appearing for the Case

H. George Kagan, Miami, Fla. (Miller, Hodges & Kagan, Miami, Fla., on brief), for petitioners.

Janet R. Dunlop, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D.C., on brief), for respondent, Director OWCP.

D. Culver Smith, III, Palm Beach, Fla. (Steel Hector Davis Burns & Middleton, Palm Beach, Fla., on brief), for respondent Tarner.

Before WIDENER, SPROUSE and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 9, 1984.

CHAPMAN, Circuit Judge:

Trans-State Dredging and Hartford Accident and Indemnity Company (referred to collectively as employer or Trans-State) appeal a decision of the Department of Labor Benefits Review Board (BRB or Board) which found the claimant to be permanently and totally disabled and awarded benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et...

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