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J.M. MARTINAC SHIPBUILDING v. DIRECTOR, OWCP

No. 88-7279.

900 F.2d 180 (1990)

J.M. MARTINAC SHIPBUILDING; Insurance Company of North America, Petitioners-Appellants, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Darryl G. Grage, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1990.

Attorney(s) appearing for the Case

James R. Walsh, Lynnwood, Wash., for petitioners-appellants.

Joshua T. Gillelan, II, U.S. Dept. of Labor, Washington, D.C. for respondent-appellee Office of Workers' Compensation Programs.

Terry James Barnett, Seattle, Wash., for respondent-appellee Darryl G. Grage.

Before BROWNING, SCHROEDER and FLETCHER, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an appeal by an employer, J.M. Martinac, and an insurer, Insurance Company of North America ("INA"), from a decision of the Benefits Review Board awarding benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901 et seq. The Benefits Review Board upheld the Administrative Law Judge's determination that Darryl G. Grage was entitled to compensation despite the untimely filing of his...

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