DIRECTOR, OFFICE OF WKRS. COMP. v. GENERAL DYNAMICS CORPORATION

No. 681, Docket 84-4135.

769 F.2d 66 (1985)

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT of LABOR, Benefits Review Board and John Morales, Claimants-Respondents, v. GENERAL DYNAMICS CORPORATION and Insurance Company of North America, Employer-Carrier, Insurance Company of North America, Carrier-Petitioner.

United States Court of Appeals, Second Circuit.

Decided July 29, 1985.


Attorney(s) appearing for the Case

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

Stephen C. Embry, Groton, Conn. (O'Brien, Shafner, Bartinik, Stuart & Kelly, P.C., Groton, Conn., of counsel), for claimant-respondent John Morales.

Samuel J. Smith, San Francisco, Cal. (Mullen & Filippi, San Francisco, Cal., of counsel), for amici curiae, American President Lines, Bethlehem Steel Corp., Continental Maritime of San Francisco, Inc., General Engineering and Machine Works, Inc., Marine Terminals, Inc., Matson Terminals and Service Engineering, Inc.

Before VAN GRAAFEILAND and WINTER, Circuit Judges, and BARTELS, District Judge.


VAN GRAAFEILAND, Circuit Judge:

Insurance Company of North America (INA), an insurer of General Dynamics Corporation, appeals from a decision of the Benefits Review Board, dated July 27, 1984. The decision affirmed an Administrative Law Judge's decision and order under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., increasing from 10% to 20% John Morales' schedule award for permanent...

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