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JACKSONVILLE SHIPYARDS, INC. v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 86-3533.

842 F.2d 1253 (1988)

JACKSONVILLE SHIPYARDS, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

April 21, 1988.

Attorney(s) appearing for the Case

Taylor, Day, Rio & Mercier, John C. Taylor, Jr., Ada A. Hammond, Jacksonville, Fla., for petitioner.

Marianne Demetral Smith, Solicitor of Labor, U.S. Dept. of Labor, Washington, D.C., for Office of Workers' Compensation Programs.

Bette T. Miller, Rogers, Towers, Bailey, Jones & Gay, Jacksonville, Fla., Janet R. Dunlop, U.S. Dept. of Labor, Washington, D.C., for amicus curiae-cigna.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

In this case, an employer found liable for disability compensation under the Longshore and Harbor Workers' Compensation Act sought relief under section 8(g) of that Act, 33 U.S.C. § 908(f) (1982). The Administrative Law Judge (ALJ) denied relief and the Benefits Review Board affirmed. We reverse.

I.

William J. Stokes worked in a Jacksonville, Florida shipyard from October 27, 1958 until August 11, 1976. During that eighteen...

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