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GENCARELLE v. GENERAL DYNAMICS CORP.

No. 112, Docket 89-4054.

892 F.2d 173 (1989)

Nicholas J. GENCARELLE, Claimant-Petitioner, v. GENERAL DYNAMICS CORPORATION, Self Insured Employer, and Insurance Company of North America, Carrier-Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest-Respondent.

United States Court of Appeals, Second Circuit.

Decided December 14, 1989.

Attorney(s) appearing for the Case

Carolyn P. Kelley, Groton, Conn. (Matthew Shafner, Cynthia Fausold Schwanz, O'Brien, Shafner, Bartinik, Stuart & Kelly, Groton, Conn., of counsel), for claimant-petitioner.

Norman P. Beane, Jr., Murphy & Beane, Boston, Mass. (Diane M. Broderick, Boston, Mass., on the brief), for respondent General Dynamics Corp.

John Jeffrey Ross, Office of the Sol., U.S. Dept. of Labor (Robert P. Davis, Sol. of Labor, Carol A. De Deo, Associate Sol., J. Michael O'Neill, Washington, D.C., Counsel for Longshore, of counsel), for Federal respondent.

Before OAKES, Chief Judge, and LUMBARD and PIERCE, Circuit Judges.

OAKES, Chief Judge:

Nicholas Gencarelle was denied permanent total disability benefits under the Longshore and Harbor Workers' Compensation Act (the "Act" or "LHWCA"), 33 U.S.C. §§ 901-50 (1982 & Supp. V 1987), for injuries to his knees allegedly relating to his years of general maintenance work at General Dynamics' Electric Boat shipyard in Groton, Connecticut. He petitions under 33 U.S.C. § 921(c) (1982...

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