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

No. 1282, Docket 90-4149.

932 F.2d 152 (1991)

Donald D. CRAWFORD, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, General Dynamics Corporation, Insurance Company of North America, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Richard D. Haviland, New London, Conn. (Rakosky, Smith, Miller & Papp, New London, Conn., of counsel), for petitioner.

Thomas P. O'Reilly, Boston, Mass. (Richard N. Curtin, Parker, Coulter, Daley & White, Boston, Mass., of counsel), for employer/Carrier General Dynamics Corp. and Ins. Co. of North America.

Joshua T. Gillelan II, U.S. Dept. of Labor, Office of the Sol., Washington, D.C. (Robert P. Davis, Sol. of Labor, Carol A. De Deo, Associate Sol., Janet R. Dunlop, Counsel for Longshore, U.S. Dept. of Labor, Washington, D.C., of counsel), for respondent Director, Office of Workers' Compensation Programs.

Before FEINBERG, MESKILL and ALTIMARI, Circuit Judges.

MESKILL, Circuit Judge:

This is a petition for review of a final order of the Benefits Review Board (BRB) affirming a determination by an administrative law judge (ALJ) denying benefits to Donald D. Crawford. The ALJ found that, although Donald Crawford exhibited signs of prolonged exposure to asbestos in the form of pleural scarring and calcification, the symptoms did not rise to the level of an impairment and thus did not constitute an injury warranting redress...

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