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DIRECTOR, OWCP v. BATH IRON WORKS CORP.

No. 89-1126.

885 F.2d 983 (1989)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BATH IRON WORKS CORPORATION, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided September 20, 1989.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II, Dept. of Labor, Office of the Sol., with whom Jerry G. Thorn, Acting Sol. of Labor, Carol A. De Deo, Associate Sol., and J. Michael O'Neill, Washington, D.C., Counsel for Longshore, were on brief, for petitioner.

Stephen Hessert with whom Michelle Jodoin LaFond and Norman, Hanson & De-Troy, Portland, Me., were on brief, for respondents.

Before BREYER and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

BREYER, Circuit Judge.

Edwin Lebel painted ships; in 1971 he became disabled because of a work-related disease; and, in 1983, he died. As a result the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1982), entitles his widow to death benefits. The legal question before us is who must pay that portion of the benefits resulting from a benefit-rate increase that took effect in 1972...

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