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BETHLEHEM STEEL CORP. v. MOBLEY

No. 88-7141.

912 F.2d 1084 (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.

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. Gillelan II, 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 curiae Todd Pacific Shipyards Corp.

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

SCHROEDER, Circuit Judge:

Bethlehem Steel Corporation petitions for review of a decision of the Department of Labor's Benefits Review Board. The Board upheld an Administrative Law Judge's decision that Bethlehem was responsible under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1989) (LHWCA) for respondent Jesse Mobley's future medical expenses caused by his on-the-job exposure to asbestos. We are called upon to interpret the...

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