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CNA INS. CO. v. LEGROW

No. 90-1520.

935 F.2d 430 (1991)

CNA INSURANCE COMPANY, Carrier, Petitioner, v. Harry LEGROW, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Joseph S. Buckley, Jr. with whom Morrison, Mahoney & Miller was on brief, for carrier, petitioner.

Marianne Demetral Smith, Attorney, U.S. Dept. of Labor, Office of the Sol., with whom Robert P. Davis, Sol. of Labor, Carol A. De Deo, Associate Sol., and Janet R. Dunlop, Counsel for Longshore, were on brief for respondents.

Before BREYER, Chief Judge, BROWN, Senior Circuit Judge, and CAFFREY, Senior District Judge.

JOHN R. BROWN, Senior Circuit Judge:

CNA Insurance Company, as Longshore and Harbor Workers' Compensation Act (LHWCA) insurance carrier for the employer, Taylor Associates (hereafter collectively Taylor), petitions for review of a Decision and Order of the Benefits Review Board (Board). The Board reversed the holding of the ALJ that (1) claimant Harry W. Legrow sustained a 50 percent permanent partial disability, and that (2) Taylor was entitled to relief for preexisting...

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