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CONTAINER STEVEDORING CO. v. DIRECTOR, OWCP

No. 90-70311.

935 F.2d 1544 (1991)

CONTAINER STEVEDORING COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Albert Gross, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1991.

Attorney(s) appearing for the Case

Robert H. Madden and Steven T. Russell, Madden & Crockett, Seattle, Wash., for petitioner.

Carol B. Feinberg, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., Kevin Coluccio, Schroeter, Goldmark & Bender, Seattle, Wash., for respondents.

Before WIGGINS, O'SCANNLAIN and NELSON, Circuit Judges.

WIGGINS, Circuit Judge:

Container Stevedoring Company appeals the Department of Labor Benefits Review Board's ("Board") affirmance of an Administrative Law Judge's decision against it. Container Stevedoring argues that it is entitled to relief from the Special Fund in its obligation to compensate Albert Gross for permanent partial disability. 33 U.S.C. § 908(f). Also, Container Stevedoring contests the determination that Mr. Gross has lost any wage-earning capacity...

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