DIRECTOR, O.W.C.P. v. DETROIT HARBOR TERMINALS

No. 86-3606.

850 F.2d 283 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. DETROIT HARBOR TERMINALS, INC.; Utica Mutual Insurance Company; and General Reinsurance Company, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1988.

Rehearing and Rehearing Denied September 21, 1988.


Attorney(s) appearing for the Case

Joshua T. Gillelan, II (argued), George R. Salem, Donald S. Shire, U.S. Dept. of Labor, Linda Meekins, Benefits Review Bd., Washington, D.C., for petitioner.

Robert H. Fortunate (argued), Foster, Meadows, & Ballard, Robert Howes, Detroit, Mich., for respondents.

Before ENGEL, Chief Judge, and KRUPANSKY and NELSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 21, 1988.

ENGEL, Chief Judge.

This appeal presents the question whether the special fund created by the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) or the employer and insurer of an injured worker should pay the increased death benefits to that worker's family that are due under the LHWCA Amendments of 1972, Pub.L. No. 92-576, 86 Stat. 1251 (codified at 33 U.S.C. §§ 901-950, 1982),...

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