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McDONALD v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-7404.

897 F.2d 1510 (1990)

Dewey McDONALD, Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Todd Shipyards Corporation; Travelers Insurance Company, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Steven M. Birnbaum, San Francisco, Cal., for claimant-appellant.

Cynthia L. Sletto, Hanna, Brophy, MacLean, McAleer & Jensen, San Francisco, Cal., for employer/carrier-appellees.

Michael S. Hertzig, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs, appellee/party-in-interest.

Before SCHROEDER, NELSON and WIGGINS, Circuit Judges.

NELSON, Circuit Judge:

Appellant Dewey McDonald, who suffers from pulmonary disease, was awarded disability benefits from his employer, appellee Todd Shipyards. Subsequent to this award, the Ninth Circuit altered the formula used to calculate such benefits, and appellant petitioned to have his benefits adjusted accordingly. The Benefits Review Board denied the request finding first that modification was inappropriate based solely on a change in the law and, second...

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