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TODD PACIFIC SHIPYARDS v. DIRECTOR, OWCP

No. 89-70084.

913 F.2d 1426 (1990)

TODD PACIFIC SHIPYARDS CORPORATION; Aetna Casualty and Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Annie Mayes, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1990.

Attorney(s) appearing for the Case

Russell A. Metz, Witherspoon, Kelley, Davenport & Toole, Seattle, Wash., for petitioners.

Samuel J. Oshinsky, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must determine whether the Benefits Review Board of the Department of Labor correctly interpreted and applied section 8(f) of the Longshore and Harbor Workers' Compensation Act, which provides an employer partial relief from liability for worker's compensation payments when certain conditions exist.

I

On June 15, 1979, Annie Mayes, an employee of Todd Pacific Shipyards, injured her right knee during the course of employment...

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