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DIR., OFFICE OF WKRS. COMP. PROGRAMS v. BELCHER ERECTORS

No. 84-1281.

770 F.2d 1220 (1985)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BELCHER ERECTORS, U.S. Fidelity & Guaranty Company and Theodore Collins, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1985.

Attorney(s) appearing for the Case

Marianne Demetral Smith, Atty., Dept. of Labor, Washington, D.C., with whom Frances X. Lilly, Sol., and Donald S. Shire, Associate Sol., Dept. of Labor, Washington, D.C., were on brief, for petitioner.

Joseph M. Quirk, Rockville, Md., for respondents.

Before ROBINSON, Chief Judge, and EDWARDS and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This petition for review of a decision of the Benefits Review Board presents the issue of whether the Board properly reversed the finding of an Administrative Law Judge ("ALJ") that there was insufficient evidence to require the Special Fund administered by the petitioner to assume part of Belcher Erectors' liability to an injured employee pursuant to §§ 8(f) and 44 of the...

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