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BETHLEHEM STEEL CORP. v. MOBLEY

No. 88-7141.

920 F.2d 558 (1990)

BETHLEHEM STEEL CORPORATION, Petitioner, v. Jesse MOBLEY, Claimant-Respondent, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1990.

Amended December 3, 1990.

Attorney(s) appearing for the Case

Laura G. Bruynell, Mullen and Filippi, San Francisco, Cal., for petitioner.

Kathryn Ringgold, San Francisco, Cal., for claimant-respondent.

Joshua T. Gillen, U.S. Dept. of Labor, Washington, D.C., for respondent.

David J. Schmit, Schmit, Morris, Bittner and Schmit, Oakland, Cal., for amicus.

Robert H. Madden and Steven T. Russell, Madden & Crockett, Seattle, Wash., for amicus Todd Pacific Shipyards Corp.

Before SCHROEDER and CANBY, Circuit Judges, and LEW, District Judge.

ORDER

The panel as constituted above has voted to amend slip opinion page 9683, 912 F.2d 1084 (9th Cir.1990), lines 2-3, by deleting "condition medical benefits upon compliance with 33 U.S.C. § 33(g)(1)" and replacing this with "to compel compliance with 33(g)(1) by one who is entitled only to medical benefits."

OPINION

SCHROEDER, Circuit Judge:

Bethlehem Steel Corporation petitions for review of a...

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