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LaFAILLE v. BENEFITS REV. BD., U.S. DEPT. OF LABOR

No. 977, Docket 88-4160.

884 F.2d 54 (1989)

Gaston LaFAILLE, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR; Director Office of Workers' Compensation Programs, United States Department of Labor, General Dynamics Corporation, and Insurance Company of North America, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 22, 1989.

Attorney(s) appearing for the Case

Carolyn P. Kelly, Groton, Conn. (O'Brien, Shafner, Bartinik, Stuart & Kelly, P.C., Groton, Conn., Matthew Shafner, of counsel) for petitioner.

Samuel J. Oshinsky, Washington, D.C., (Benefits Review Board, U.S. Dept. of Labor, Linda Meekins, Clerk, Washington, D.C., of counsel), for Benefits Review Bd.

Joshua T. Gillelan II, Atty., U.S. Dept. of Labor, Office of the Sol., Washington, D.C. (Jerry G. Thorn, Acting Sol. of Labor, Carol A. De Deo, Donald Shire, Associate Solicitors, J. Michael O'Neill, counsel for Longshore, of counsel), for the Director, Office of Workers' Compensation Programs.

Richard N. Curtin, Boston, Mass., (Parker, Coulter, Daley & White, Boston, Massachusetts, of counsel), for Insurance Co. of North America.

Before LUMBARD, PRATT and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

Gaston LaFaille, who suffered several lung collapses while employed as a welder by General Dynamics Corp., appeals from a final order of the Benefits Review Board on his claim for disability benefits. The Board affirmed a decision of an Administrative Law Judge (ALJ) denying him permanent partial disability compensation and granting him temporary partial benefits based on his average weekly wage at the time he suffered the first lung collapse...

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