STEVENS v. DIRECTOR, OWCP

No. 89-70224.

909 F.2d 1256 (1990)

Wilborn STEVENS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Lockheed Shipbuilding Co., Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1990.

As Amended August 7, 1990.


Attorney(s) appearing for the Case

Mary Alice Theiler, Gibbs, Douglas, Theiler & Drachler, Seattle, Wash., for petitioner.

Janet Dunlop, U.S. Dept. of Labor, Washington, D.C., for respondent, Director, Office of Workers' Compensation Programs.

Russell Mertz, Witherspoon, Kelley, Davenport & Toole, Seattle, Wash., for respondent, Lockheed.

Stephen C. Embry, Embry and Neusner, Groton, Conn., for the amicus curiae, Boilermakers Intern. Local 620.

Diane L. Middleton, San Pedro, Cal., for amicus curiae, Maritime Claimants' Ass'n.

Before FARRIS, PREGERSON and FERGUSON, Circuit Judges.


FARRIS, Circuit Judge:

This case raises a question of interpretation under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq.: When does an employee's disability that was total become partial for purposes of compensation under 33 U.S.C. § 908? The Benefits Review Board held that when an employer makes a showing that there was suitable alternative employment reasonably available to a disabled employee, total disability becomes partial...

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