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TODD SHIPYARDS CORP. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 85-7620.

792 F.2d 1489 (1986)

TODD SHIPYARDS CORPORATION and Aetna Casualty & Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent. Juan Porras, Claimant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1986.

Attorney(s) appearing for the Case

Norman Samuelsen, Samuelsen, Coalwell & Gonzalez, San Pedro, Cal., for petitioners.

Marianne D. Smith, U.S. Dept. of Labor, Washington, D.C., James McAdams, Wilmington, Cal., for respondent.

Before BOOCHEVER, NORRIS and HALL, Circuit Judges.

BOOCHEVER, Circuit Judge:

This case presents the narrow issue whether an employer may obtain relief under section 8(f) of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 908(f) (1982) (as amended),1 when the employee/claimant is awarded a de minimis disability benefit for the purpose of keeping available that employee's right to seek modification of the award until the economic effects of the disability become...

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