DIRECTOR, OFFICE OF WORKERS' COMP. v. KAISER STEEL CORP.

No. 87-1813.

860 F.2d 377 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. KAISER STEEL CORPORATION and John W. Zupon, Respondents.

United States Court of Appeals, Tenth Circuit.

October 28, 1988.


Attorney(s) appearing for the Case

Michael J. Denney, Asst. Counsel for Benefit Programs (George R. Salem, Sol. of Labor; Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, with him on the briefs) U.S. Dept. of Labor, Washington, D.C., for petitioner.

Edwin C. Barnes (Rodney G. Snow, also of Clyde, Pratt & Snow, and Virginius Dabney of Dabney & Dabney with him, on the briefs), Salt Lake City, Utah, for respondents.

Before LOGAN and TACHA, Circuit Judges, and ANDERSON, District Judge.


LOGAN, Circuit Judge.

Petitioner, the Director of the Office of Workers' Compensation Programs, United States Department of Labor (the Director), appeals the decision of the Benefits Review Board denying his right to modify a decision of an administrative law judge (ALJ) which allegedly was based on the ALJ's mistaken determination of fact. The main thrust of the Director's argument is that § 22 of the Longshore and...

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