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BATH IRON WORKS v. DIRECTOR, OWCP

No. 91-1476.

950 F.2d 56 (1991)

BATH IRON WORKS CORPORATION and Commercial Union Insurance Companies, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, First Circuit.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Allan M. Muir with whom Kevin M. Gillis and Richardson & Troubh, Portland, Me., were on brief for petitioners.

Karen B. Kracov, Atty., U.S. Dept. of Labor, with whom David S. Fortney, Deputy Sol. of Labor, Carol A. De Deo, Associate Sol. for Employee Benefits, and Janet R. Dunlop, Washington, D.C., Counsel for Longshore, were on brief for respondent.

Before CAMPBELL, Circuit Judge, and BROWN, and BOWNES, Senior Circuit Judges.

JOHN R. BROWN, Senior Circuit Judge:

The question in this case is whether in a claim for death benefits the Employer (Bath Iron Works Corporation) and its Carrier (Commercial Union Insurance Companies) were erroneously denied by the Benefits Review Board the benefit of the § 8(f) second injury fund because the Employer-Carrier failed to submit to the deputy commissioner their request for apportionment of liability to the special fund prior to the consideration...

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